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SCHOOL LAWS 



0/" THE 



State of Colorado 

U. S. A. 



IncluOi. , Among Other Things, Provisions of the Act of 

Conr- "ss Granting Lands to the State for Educational 

Pi t OSes, and Parts of the Constitution Concerning 

Educational Institutions. 



KATHERINE M. COOK 

State Superintendent of Public Instruction 

1909-1910 




1909 

THE SMITH-BROOKS COMPANY, STATE PRINTERS 

DENVER, COLORADO 



v-^ 






STATE OF COLORADO 

DEPARTMENT OF PUBLIC INSTRUCTION 



This compilation of the School Laws is made in compliance 
with the statute, which provides that the state superintendent 
"shall have the laws relating to public schools printed in pam- 
phlet form, and annexed thereto forms for making reports and 
conducting school business, and shall supply school officers, school 
libraries and state libraries with a copy each." 

This work embraces the statutes now in force, including 
those passed by the legislature of 1909; all the provisions of the 
Enabling Act, Constitution of the State, and Federal Statutes 
pertaining to public schools. The sections have been rearranged 
and numbered according to the Revised Statutes of Colorado. 
In order to obviate the difficulties which have arisen from the 
conflicting statements relating to Union and County High Schools, 
the laws applicable thereto have been arranged under separate 
headings. 




Superintendent of Public Instruction. 
Denver^ Colorado^ September 25, 1909. 






TABLE OF CONTENTS. 



Page 

Appeals 102 

Appendix 109 

Compulsory Education 14 

Constitution 5 

County Government 24 

County High School 81, 84 

County and Union High Schools 84 

County School Tax 44 

County Superintendent 39 

Crimes 24 

Delinquent Children 23 

District Bonds 69, 88 

Duties of County Treasurer 47 

Duties of Officers 65 

Elections 27, 58 

Enabling Act 4 

Federal Statutes 4 

Fees and Salaries 27 

Flags 28 

Holidays . . = 29 

Justices and Constables 31 

Miscellaneous 104 

Mute and Blind 32 

Powers and Duties of Officers and Directors 60, 85 

Public Contracts .......,, 32 

Public Health 33 

Eefunding Bonds . 76 

School Districts ... .^ 50 

School Funds 42 

School Government 55 

Special District Meetings 77 

Special Funds 46 

State Board of Education 33 

State Normal Schools 106 

State Superintendent , 36 

Teachers 95 

Teachers' Institutes 100 

Truant Schools 92 

Union High Schools 78, 84 

Union and Countv Hiffh Schools 84 



THE ENABLING ACT. 



Act of Congress, March 3, 1875. 

7. Lands for schools. 

The sections numbered sixteen and thirty-six in every town- 
ship, and where such sections have been sold or otherwise dis- 
posed of by any act of congress, other lands equivalent thereto 
in legal subdivisions of not more than one quarter-section, and 
as contiguous as may be, are hereby granted to said state for the 
support of common schools. 

10. Seventy-two sections for university. 

That, seventy-two other sections of land shall be set apart 
and reserved for the use and support of a state university, to be 
selected and approved in manner as aforesaid, and to be appro- 
priated and applied as the legislature of said state may prescribe 
for the purpose named and for no other purpose. 

14. School lands — how sold — price. 

That the two sections of land in each township herein 
granted for the support of common schools, shall be disposed 
of only at public sale, and at a price not less than two dollars 
and fifty cents per acre, the proceeds to constitute a permanent 
school fund, the interest of which is to be expended in the sup- 
port of common schools. 

15. Mineral lands excepted. 

That all mineral lands shall be excepted from the operation 
and grants of this act. 

FINES UNDER FEDERAL STATUTES. 

Sec. 52. Whoever shall willfully set on fire, or cause to be set 
on fire, any timber, underbrush, or grass upon the public domain, 
or shall leave or suffer fire to burn unattended near any timber or 
other inflammable material, shall be fined not more than five 
thousand dollars, or imprisoned not more than two years, or 
both. [Federal Criminal Code. 

Sec. 53. Whoever shall build a fire in or near any forest tim- 
ber, or other inflammable material upon the public domain shall, 
before leaving said fire, totally extinguish the same; and whoever 
shall fail to do so shall be fined not more than one thousand 
dollars, or imprisoned not more than one year or both. [Federal 
Criminal Code. 

Sec. 54. In all cases arising under the two preceding sections 
the fines collected shall be paid into the public school fund of the 
county in which the lands where the offense was committed 
are situated. [Federal Criminal Code. 



CONSTITUTION OF COLORADO, 1876. 



ARTICLE IV. 



EXECUTIVE DEPARTMENT. 



1. Term of office — residence — duties — seat of government. 

The executive department shall consist of a governor, 
lieutenant-governor, secretary of state, auditor of state, state 
treasurer, attorney-general, and superintendent of public instruc- 
tion, each of whom shall hold his office for the term of two 
years, beginning on the second Tuesday of January next after 
his election; * * * The officers of the executive department, 
except the lieutenant-governor, shall, during their term of office, 
reside at the seat of government, where they shall keep the 
public records, books and papers. They shall perform such duties 
as are prescribed by this constitution or by law. 

4. Eligibility — first election — thereafter — age — residence. 

No person shall be eligible to the office of governor, lieuten- 
ant-governor, or superintendent of public instruction, unless he 
shall have attained the age of thirty years. * * * no person 
shall be eligible to any one of said offices, unless, in addition to 
the qualifications above prescribed therefor, he shall be a citizen 
of the United States, and have resided within the limits of the 
state two years next preceding his election. 

6. Governor appoint officers — vacancy — election — senate confirms. 

* * * If the office of auditor of state, state treasurer, 
secretary of state, attorney-general, or superintendent of public 
instruction, shall be vacated by death, resignation or otherwise, 
it shall be the duty of the governor to fill the same by appoint- 
ment, and the appointee shall hold his office until his successor 
shall be elected and qualified in such manner as may be provided 
by law. * * * 

20. Superintendent of public instruction, ex officio librarian. 

The superintendent of public instruction shall be ex officio 
state librarian. 



6 SCHOOL LAWS OF 

ARTICLE VII. 

SUFFRAGE AND ELECTIONS. 

1. Citizenship. 

Every person over the age of twenty-one years, possessing 
the following qualifications, shall be entitled to vote at all 
elections : He or she shall be a citizen of the United States, and 
shall have resided in the state twelve months immediately pre- 
ceding the election at which he offers to vote, and in the county, 
city, town, ward or precinct, such time as may be prescribed by 
law. 



4. Absence in civil or military service. 

For the purpose of voting and eligibility to office, no person 
shall be deemed to have gained a residence by reason of his 
presence, or lost it by reason of his absence, while in the civil 
or military service of the state, or of the United States, nor 
while a student at any institution of learning, nor while kept at 
public expense in any poorhouse or other asylum, nor while con- 
fined in public prison. 

5. Privilege of voters. 

Voters shall in all cases, except treason, felony or breach 
of the peace, be privileged from arrest during their attendance at 
elections, and in going to and returning therefrom. 

6. Electors only eligible to office. 

No person except a qualified elector shall be elected or ap 
pointed to any civil or military office in the state. 

10. Prisoners disqualified — restoration — pardon or full service. 

No person while confined in any public prison shall be 
entitled to vote; but every such person who was a qualified 
elector prior to such imprisonment, and who is released there- 
from by .virtue of a pardon, or by virtue of having served out 
his full term of imprisonment, shall, without further action, be 
invested with all the rights of citizenship, except as otherwise 
provided in this constitution. 



THE STATE OF COLORADO. 7 

ARTICLE VIII. 
STATE INSTITUTIONS. 

1. Charitable institutions established. 

Educatioiial, reformatory and penal institutions, and those 
for the benefit of the insane, blind, deaf and mute, and such other 
institutions as the public good may require, shall be established 
and supjjorted by the state, in such manner as may be prescribed 
by law. 

5. Territorial institutions become state — transfer. 

The following territorial institutions, to-wit: The Uni- 
versity at Boulder, the Agricultural College at Fort Collins, the 
School of Mines at Golden, the Institute for the Education of 
Mutes at Colorado Springs, shall, upon the adoption of this con- 
stitution, become institutions of the state of Colorado, and the 
management thereof subject to the control of the state, under 
such laws and regulations as the general assembly shall provide; 
and the location of said institutions, as well as all gifts, grants 
and appropriations of money and property, real and personal, 
heretofore made to said several institutions, are hereby confirmed 
to the use and benefit of the same respectively; Provided, This 
section shall not apply to any institution, the property, real or 
personal, of which is now vested in the trustees thereof, until 
such property be transferred by proper conveyance, together with 
the control thereof, to the officers provided for the management 
of said institution by this constitution, or by law. 



ARTICLE IX. 
EDUCATION. 

1. Board of education — members — president. 

The general supervision of the public schools of the state 
shall be vested in a board of education, whose powers and duties 
shall be prescribed by law; the superintendent of public instruc- 
tion, the secretary of state and attorney-general shall constitute 
the board, of which the superintendent of public instruction shall 
be president. 

2. Free schools — one in each district— three months. 

The general assembly shall, as soon as practicable, provide 
for the establishment and maintenance of a thorough and uhi- 



8 SCHOOL LAWS OF 

form system of free public schools throughout the state, wherein 
all residents of the state between the ages of six and twenty-one 
years may be educated gratuitously. One or more public schools 
shall be maintained in each school district within the state, at 
least three months in each year; any school district failing to 
have such school shall not be entitled to receive any portion of 
the school fund for that year. 

3. School fund inviolate — state treasurer custodian. 

The public school fund of the state shall forever remain 
inviolate and intact; the interest thereon shall only be ex- 
pended in the maintenance of the schools of the state, and shall 
be distributed amongst the several counties and school districts 
of the state, in such nianner as may be prescribed by law. No 
part of this fund, principal or interest, shall ever be transferred 
to any other fund, or used or appropriated except as herein pro- 
vided. The state treasurer shall be the custodian of this fund, 
and the same shall be securely and profitably invested as may be 
by law directed. The state shall supply all losses thereof that 
may in any manner occur. 

4. County treasurer collect and disburse — warrants. 

Each county treasurer shall collect all school funds belong 
ing to his county, and the several school districts therein, and 
disburse the same to the proper districts upon warrants drawn 
by the county superintendent or by the proper district authori- 
ties, as may be provided by law. 

5. School fund — of what consists. 

The public school fund of the state shall consist of the pro- 
ceeds of such lands as have heretofore been, or may hereafter be, 
granted to the state by the general government for educational 
purposes; all estates that may escheat to the state; also all other 
grants, gifts or devises that may be made to this state for educa- 
tional purposes. 

6. County superintendent-^commissioner of lands. 

There shall be a county superintendent of schools in each 
c(mnty, whose term of office shall be two years, and whose duties, 
qualifications and compensation shall be prescribed by law. He 
shall be ex officio commissioner of lands within his county, and 
shall discharge the duties of said office under the direction of the 
state board of land commissioners, as directed by law. 



THE STATE OF COLORADO. y 

7. Aid to sectarian schools, churches forbidden. 

Neither the general assembly, nor any county, city, town, 
township, school district, or other public corporation, shall 
ever make any appropriation, or pay from any public fund or 
moneys whatever, anything in aid of any church or sectarian 
society, or for any sectarian purpose, or to help support or sus- 
tain any school, academy, seminary, college, university or other 
literary or scientific institution, controlled by any church or sec- 
tarian denomination whatsoever; nor shall any grant or dona- 
tion of land, money, or other personal property, ever be made 
by the state, or any such public corporation, to a.nj church, or 
for any sectarian purpose. 

8. Religious test forbidden — sectarian tenets — race, color. 

No religious test or qualification shall ever be required of 
any person as a condition of admission into any public educa- 
tional institution of the state, either as teacher or student; and 
no teacher or student of any such institution shall ever be re- 
quired to attend or participate in any religious service whatever. 
No sectarian tenets or doctrines shall ever be taught in the public 
schools, nor shall any distinction or classification of pupils be 
made on account of race or color. 

9. Board of land commissioners — members — powers. 

The governor, superintendent of public instruction, secretary 
of state and attorney-general shall constitute the state board of 
land commissioners, who shall have the direction, control and 
disposition of the public lands of the state, under such regula- 
tions as may be prescribed by law. 

10i Public lands — location — sale — disposal. 

It shall be the duty of the state board of land commissioners 
to provide for the location, protection, sale or other disposition of 
all the lands heretofore, or which may hereafter, be granted to 
the state by the general government, under such regulations as 
may be prescribed by law; and in such manner as will secure the 
maximum possible amount therefor. No law shall ever be passed 
by the general assembly granting any privileges to persons who 
may have settled upon any such public lands subsequent to the 
survey thereof by the general government, by which the amount 
to be derived by the sale, or other disposition, of such lands, shall 
be diminished, dire'ctly or indirectly. The general assembly shall, 
at the earliest practicable period, provide by law that the several 
grants of land made by congress to the state shall be judiciously 



10 SCHOOL LAWS OP 

located and carefully preserved and held in trust, subject to dis- 
posal, for the use and benefit of the respective objects for which 
said grants of land were made; and the general assembly shall 
provide for the sale of said lands from time to time; and for the 
faithful application of the proceeds thereof in accordance with 
the terms of said grant. 

11. Compulsory education. 

The general assembly may require, by law, that every child 
of sulficient mental and physical ability, shall attend the public 
school, during the period between the ages of six and eighteen 
years, for a time equivalent to three years, unless educated by 
other means. 

12. University — regents — election. 

There shall be elected by the qualified electors of the 
state, at the first general election under this constitution, six 
regents of the university, who shall immediately after their elec- 
tion be so classified, by lot, that two shall hold their office for 
the term of two years, two for four years, and two for six years; 
and every two years after the first election there shall be elected 
two regents of the university, whose term of office shall be six 
years. The regents thus elected, and their successors, shall con- 
stitute a body corporate, to be known by the name and style of 
"The Regents of the University of Colorado." 

13. Regents elect president — powers. 

The regents of the university shall, at their first meeting, or 
as soon thereafter as practicable, elect a president of the univer- 
sity, who shall hold his office until removed by the board of 
regents for cause; he shall be ex officio a member of the board, 
with the privilege of speaking, but not of voting, except in cases 
of a tie ; he shall preside at the meetings of the board, and be the 
principal executive officer of the university, and a member of the 
faculty thereof. 

14. Regents control university — funds. 

The board of regents shall have the general supervision of 
the university, and the exclusive control and direction of all 
funds of, and appropriations to the university. 

15. School districts — board of education. 

The general assembly shall, by law, provide for organization 
of school districts of convenient size, in each of which shall lie 



THE STATE OF COLORADO. 11 

established a board of education, to consist of three or more 
directors, to be elected by the qualified electors of the , district. 
Said directors shall have control of instruction in the public 
schools of their respective districts. ' 

16. Text books-«-general assembly nor board shall prescribe. 

Neither the general assembly nor the state board of educa- 
tion shall have power to prescribe text books to be used in the 
public schools. 



ARTICLE X. 
REVENUE. 



5. Exemption — lots — buildings for worship — schools. 

Lots, with the buildings thereon, if said buildings are used 
solely and exclusively for religious worship, for schools, or for 
strictly charitable purposes, also cemeteries not used or held for 
private or corporate profit, shall be exempt from taxation, unless 
otherwise provided by general law. 

10. Corporations subject to tax. 

All corporations in the state, or doing business therein, shall 
be subject to taxation for state, county, school, municipal and 
other purposes, on the real and personal property owned or used 
by them within the territorial limits of the authority levying the 
tax. 

13. Making profit on public money felony. 

The making of profit, directly or indirectly, out of state, 
county, city, town or school district money, or using the same for 
any purpose not authorized by law, by any public officer, shall 
be deemed a felony, and shall be punished as provided by law. 



ARTICLE XI. 
PUBLIC INDEBTEDNESS. 

1. Lending or pledging credit of state, county, city, etc., forbidden. 

Neither the state, nor any county, city, town, township or 
school district, shall lend or pledge the credit or faith thereof, 
directly or indirectly, in any manner to or in aid of, any person. 



12 SCHOOL LAWS OF 

company or corporation, public or private, for any amount or for 
any purpose whatever, or become responsible for any debt, con- 
tract or liability of any person, company or corporation, public 
(»r private, in or out of the state. 

2. Aid to corporations — interest in — by state, county, city — joint owner- 
ship. 

Neither the state nor any county, city, town, township or 
school district shall make any donation or grant to, or in aid of, 
or become a subscriber to, or shareholder in, any corporation or 
company, or a joint owner with any person, company or corpora- 
tion, public or private, in or out of the state, except as to such 
ownership as may accrue to the state by escheat or by for- 
feiture, by operation or provision of law; and except as to such 
ownership as may accrue to the state, or to any county, city, 
town, township or school district, or to either or any of them, 
jointly with any person, company or corporation, by forfeiture 
or sale of real estate, for non-payment of taxes, or by donation 
or devise for public use, or by purchase by or on behalf of any 
or either of them, jointly with any or either of them, under 
execution in cases of fines, penalties or forfeiture of recogni- 
zance, breach of condition of official bond, or of bond to secure 
public moneys, or the performance of any contract in which 
they or any of them may be jointly or severally interested, 

7. Loans for sciiool buildings — vote — qualification. 

No debt by loan in any form shall be contracted by any 
school district for the purpose of erecting and furnishing school 
buildings, or purchasing grounds, unless the proposition to 
create such debt shall first be submitted to such qualified elec- 
tors of the district as shall have paid a school tax therein, in 
the year next preceding such election, and a majority of those 
voting thereon shall vote in favor of incurring such debt 

9. This article not affect prior obligations. 

Nothing contained in this article shall be so construed as 
to either impair or add to the obligation of any debt heretofore 
contracted by any county, city, town, or school district, in 
accordance with the laws of Colorado territory, or prevent the 
"contracting of any debt, or the issuing of bonds therefor, in 
accordance with said laws, upon any proposition for that pur- 
pose which may have been, according to said laws, submitted 
to a vote of the qualified electors of any county, city, town or 
school district, before the day on which this constitution takes 
effect. 



THE STATE OP COLORADO. 13 

ARTICLE XIL 

OFFICERS. 

8. Civil officers — oath. 

Every civil ofiflcer, except members of the general assembly 
and such inferior officers as may be by law exempted, shall, 
before he enters upon the duties of his office, take and subscribe 
an oath or affirmation to support the constitution of the United 
States and of the state of Colorado, and to faithfully perform 
the duties of the office upon which he is about to enter. 

9. Oaths, where filed — with whom. 

Officers of the executive department and judges of the 
supreme and district courts, and district attorneys, shall file 
their oaths of office with the secretary of state; every other 
officer shall file his oath of office with the county clerk of the 
county wherein he shall have been elected. 

10. Refusal to qualify — vacancy. ' 

If any person elected or appointed to any office shall refuse 
or neglect to qualify therein within the time prescribed by law, 
such office shall be deemed vacant. 

11. Vacancy — term of officer elected to fill. 

The term of office of any officer elected to fill a vacancy 
shall terminate at the expiration of the term during which the 
vacancy occurred. 



ARTICLE XIV. 

COUNTIES. 

8. Clerk and recorder — sheriff, coroner, treasurer, etc.— election. 

There shall be elected in each county at the same time at 
which members of the general assembly are elected, commenc- 
ing in the year nineteen hundred and four, one county clerk, 
who shall be ex officio recorder of deeds and clerk of the board 
of county commissioners; one sheriff; one coroner; one treas- 
urer, who shall be collector of taxes; one county superintendent 
of schools; one county surveyor; one county assessor; and one 
county attorney, who may be elected, or appointed, as shall be 
provided by law; and such officers shall be paid such salary or 



14 SCHOOL LAWS OF 

compensation, either from the fees, perquisites and emoluments 
of their respective offices, or from the general county fund, as 
may be provided by law. The term of oflSce of all such officials 
that expire in January, 1904, is hereby extended to the second 
Tuesday in January, A. D. 1905, 

9. Vacancies — appointments — governor — county commissioners. 

In case of a vacancy occurring in the office of county com- 
missioner, the governor shall fill the same by appointment; and 
in the case of a vacancy in any other county office, or in any 
precinct office, the board of county commissioners shall fill the 
same by appointnaent ; and the person appointed shall hold the 
office until the next general election, or until the vacancy be 
filled by election according to law, 

10. Elector only eligible. 

No person shall be eligible to any county office unless he be 
a qualified elector; nor unless he shall have resided in the 
county one year preceding his election. 

15. Classifying counties as to fees. 

For the purpose of providing for and regulating the com- 
pensation of county and precinct officers the general assembly 
shall by law classify the several counties of the state according 
to population, and shall grade and fix the compensation of the 
officers within the respective classes according to the population 
thereof. Such law shall establish scales of fees to be charged 
and collected by such of the county and precinct officers as may 
be designated therein for services to be performed by them 
respectively; and where salaries are provided, the same shall 
be payable only out of the fees actually collected in all cases 
where fees are prescribed. All fees, perquisites and emolu- 
ments above the amount of such salaries shall be paid into the 
county treasury, 

COMPULSORY EDUCATION. 

530. Education of children — hearing on application for exemptions — ap- 
peals. 

That in all school districts of this state, all parents, 
guardians and other persons having care of children shall 
instruct them, or cause them to be instructed, in reading, writ- 
ing, spelling, English grammar, geography and arithmetic. In 
such districts, every parent, guardian or other person having 
charge of any child between the ages of eight (8) and sixteen 



THE STATE OF COLORADO. 15 

16) years, shall send such child to a public, private or parochial 
school for the entire school year during which the public 
schools are in session in such districts; Provided, hoioever. That 
this act shall not apply to children over fourteen (14) years of 
age vrhere such child shall have completed the eighth grade, 
or may be eligible to enter any high school in such district, or 
where its help is necessary for its own or its parents' support, 
01* where for good cause shown it would be for the best inter- 
ests of such child to be relieved from the provisions of this act; 
Provided, further, That if such child is being sufficiently in- 
structed at home by a person qualified, such child shall not 
be subject to the provisions of this act; And provided, further, 
That if a reputable physician within the district shall certify 
in writing that the child's bodily or mental condition does not 
permit its attendance at school, such child shall be exempt 
during such period of disability from the requirements of this 
fict. It shall be the duty of the superintendent of the school 
district, if there be such superintendent, and, if not, then the 
county superintendent of schools, to hear and determine all 
applications of children desiring for any of the causes men- 
tioned herein to be exempted from the provisions of this act, 
and if upon such application such superintendent hearing the 
same shall be of the opinion that such child is for any reason 
entitled to be exempted as aforesaid, then such superintendent 
shall issue a written permit to such child, stating therein his 
reasons for such exemption. An appeal may be taken from 
the decision of such superintendent so passing upon such appli- 
cation to the county court of the county in which such district 
lies, upon such child making such application and filing the 
same with the clerk or judge of said court within ten days 
after its refusal by such superintendent, for which no fee to 
exceed the sum of one dollar shall be charged, and the decision 
of the county court shall be final. An application for release 
from the provisions of this act shall not be renewed oftener 
than- once in three months, 

531. Employment of children under the age of fourteen. 

No child under the age of 14 years shall be employed 
by any person, persons, company or corporations during 
the school term and while the public schools are in session, 
unless the parent, guardian or person in charge of such child 
shall have fully complied with section one of this act. Every 
such employer shall require proof of such compliance, and shall 
make and keep a written record of the proof given, which shall 
be subject to the inspe( tion of the truant officer, superintendent 



16 SCHOOL LAWS OF 

of schools, or any school director of the district. Any employer 
employing any child contrary to the provisions of this section, 
shall be fined not less than twenty-five nor more than one hun- 
dred dollars. 

[Section 1 referred to is section 530.] 

532. Illiterate children between the ages of fourteen and sixteen attend 

school. 

All minors over the age of 14 years and under the 
age of 16 years who can not read and write the English lan- 
guage, shall attend school at least one-half day of each day, 
or attend a public night school, or take regular private instruc- 
tion from some person qualified, in the opinion of the county 
superintendent of schools, in which such district or the greater 
portion of the same lies, until such minor obtains a certificate 
from such superintendent that he or she can read at sight and 
write legibly, simple sentences in English. Every employer 
employing or having in employment any such minor shall 
exact as a condition of employment the school attendance or 
instruction required by this section, and shall on request of 
the truant officer, furnish the evidence that such minor is com- 
plying with the requirements of this section. Every employer 
failing to comply with the requirements of this section as to any 
minor employed by him or in his employ, shall be fined not less 
than twenty-five dollars, and not more than one hundred dollars; 
Provided, That any employer with the approval or consent of 
the county superintendent of schools may make provision for 
the private instruction of minors in his employ. 

533. Juvenile disorderly person. 

Every child within the provisions of this act who does 
not attend school, as provided in section 1 of this act, or 
who is in attendance at any public, private or parochial school, 
and is vicious, incorrigible or immoral in conduct, or who is an' 
habitual truant from school, or who habitually wanders about 
the streets and public places during school hours without any 
lawful occupation or employment, or who habitually wanders 
about the streets in the night time, having no employment or 
lawful occupation, shall be deemed a juvenile disorderly per- 
son, and be subject to the provisions of this act. 

[Section 1 referred to is section 530.] 

534. Truant officer — compensation — powers — duties. 

To aid in the enforcement of this act, the board of 
school directors in districts of the first and second class shall 



THE STATE OF COLORADO. 17 

have power, and it shall be their duty, to appoint one or 
more truant officers whose compensation shall be fixed by the 
board appointing him. The truant officer shall be vested with 
police powers, and shall have authority to enter workshops, 
factories, stores and all other places where children may be 
employed, in ^the way of investigation or otherwise, to enforce 
this act. The truant officer shall institute proceedings against 
any officer, parent, guardian, person or corporation who shall 
violate any of the provisions of this act, and shall otherwise 
discharge the provisions of this act and perform such other 
services as the county superintendent of schools or the board 
of directors of the school district may deem necessary to pre- 
serve the morals and secure the good conduct of school chil 
dren, and to enforce this act. The truant officer shall keep a 
record of his transactions for the inspection of the county 
superintendent of schools and of the directors of the school 
district, and suitable blanks shall be provided for his use by the 
secretary of the school district. 

535. Truant officer warn guardian of truancy — failure of guardian to com- 
pel attendance — penalty. 

The truant officer shall examine into any case of truancy 
within his district, and shall warn the parent, guardian, 
or others in charge of the child of the final consequence of 
truancy ,if persisted in. When any child between the ages of 
eight and fourteen years, or any child between the ages oi 
fourteen and sixteen years, who can not read and write the 
English language, or is not engaged in some regular employ- 
ment, or any child between the age of fourteen years and six- 
teen years who has been discharged from employment to obtain 
instruction or schooling, is not attending school without lawful 
excuse and in violation of the provisions of this act, the truant 
officer shall notify the parent, guardian, or other person in 
charge, of the fact, and require such person to cause the child 
to attend some recognized school within five days from the 
date of the notice, and it shall be the duty of such person so 
to cause its attendance at some recognized school. Upon fail- 
ure to do so, the truant officer shall make complaint in the 
county court of the county in which such child lives, against 
the parent, guardian or other person having such child in 
charge, and upon conviction, the parent, guardian or other 
person in charge, shall be fined not less than five dollars nor 
more than twenty dollars, or the court may, in its discretion, 
require the person so convicted to give a bond in the penal 
sum of |100, with sureties to the approval of the judge of such 



18 SCHOOL LAWS OF 

court, conditioned that be or she will cause the child under his 
or her care to attend some recognized school within five days 
thereafter, and to remain at school during the term prescribed 
by law. And upon the failure or refusal of the parent, guardian 
or other person to pay such fine or furnish such bond accord- 
ing to the order of the court, the said parent, guardian or other 
person shall be imprisoned in the county jail not less than ten 
days nor more than thirty days. For violation of the bond, suit 
may be brought in any court of competent jurisdiction, in the 
name of the school district, and the amount recovered shall go 
to the school fund of the district. If the parent, guardian or 
other person shall prove his inability to cause the child to 
attend a recognized school, it shall be a defense, but the child 
shall be deemed a juvenile disorderly person within the mean- 
ing of section 4 of this act. 

[Section 4 referred to is section 533.] 4 

536. Commitment of juvenile disorderly person — discharge. 

Whenever a child shall be a juvenile disorderly person 
within the meaning of this act, the truant offlcer, or any 
school teacher, or other reputable person, may make complaint 
in the county court of the county in which such child resides. 
The county court shall hear and determine such complaint, and 
if it is determined that such child is a juvenile disorderly per- 
son within the meaning of this act, he or she shall be com- 
mitted to a children's home, if eligible, or to the boys' indus- 
trial school or to the girls' industrial school, or to some other 
training school, taking into account the years of the child with 
reference to the institution selected. Any child committed to 
a children's home, on its being shown to the judge of said court 
that it is incorrigible and vicious, may be transferred to the 
industrial school or other proper institution. No child 
committed to any reformatory shall be detained beyond its 
majority, and may be discharged sooner or be paroled by the 
trustees or board of control under rules and restrictions appli- 
cable to other inmates. Any order of commitment may be 
suspended by the judge of the county court during such time 
as the child may regularly attend school and properly conduct 
itself. The expense of the transportation of the child to the 
juvenile reformatory, and of the costs of the case in which the 
order of commitment is made, shall be paid by the county from 
which the child is committed. 

537. Truant officer report to charity authorities — child unable to attend 

school. 

When any truant officer is satisfied that any child 
within the requirements of this act is unable to attend 



THE STATE OF COLORADO. 19 

school because required to work at home or elsewhere in order 
to support itself or help or support others legally entitled to 
its services, the truant officer shall report the case to the 
authorities charged with the relief of the poor, who shall there- 
upon afford such relief as will enable the child to attend school; 
Provided, Thai such child shall not be required to attend more 
than three hours a day during school days. In case the child 
or its parents or guardians neglect or refuse to take advantage 
of such provision made for its instruction, such child may be 
committed to a children's home or juvenile reformatory, as 
hereinbefore provided. 

538. Fine for violation of act. 

Any person who violates any provision of this act, for which 
a penalty is not herein provided, shall be fined not more than 
fifty dollars. 

[This act comprises sections 530 to 540.] 

539. Penalty for second violation. 

Every person who, after having been convicted once 
of violating any of the provisions of this act, shall be con- 
victed a second time of a similar offense, may, in addition to 
the punishment by way of fine elsewhere provided for, be im- 
prisoned not less than 10 days nor more than 30 days; Provided, 
That in all cases arising under this act in which a fine or 
imprisonment may be a part of the judgment, trial shall be by 
a jury if not waived. 

540. When act does not apply. 

This shall not apply to school districts in which there 
are not sufficient accommodations in the public schools 
to seat children compelled to attend under the provisions of 
this act. 

541. Unlawful to employ child during school hours — except. 

That it shall be unlawful . for any person, persons 
or corporation to employ any child under the age of fourteen 
years to labor in any business whatever during the school hours 
of any school day of the school term of the public school, in 
the school district where such child is, unless such child shall 
have attended some public or private day school where instruc- 
tion was given by a teacher qualified to instruct in those 
branches required to be taught in the public schools of the state 
of Colorado, or shall have been regularly instructed at home in 



20 SCHOOL LAWS OP 

such branches, by some person qualified to instruct in the same, 
at least twelve weeks in each year, eight weeks at least of 
which shall be consecutive, and shall, at the time of such 
employment, deliver to the employer a certificate in writing, 
signed by the teacher, certifying to such attendance or instruc- 
tion; and any person, persons or corporation who shall employ 
any child contrary to the provisions of this section shall, upon 
conviction, be deemed guilty of a misdemeanor, and fined in 
a sum not less than twenty-five (25) dollars nor more than fifty 
(50) dollars, and all fines so collected shall be paid into the 
county treasury, and placed to the credit of the school district 
in which the offense occurs. 

542. Guardian required to send child to school — when child to be clothed 

by school board. 

Every parent or guardian, or other person in the 
state of Colorado, having control of any child or children 
between the ages of eight (8) and fourteen (14) shall be required 
to send such child or children to a public school, or private 
school taught by a competent instructor, for a period of at 
least twelve (12) weeks in each year, at least eight weeks of 
which time shall be consecutive, unless such child or children 
are excused from such attendance by the board of the school 
district in which such parent, guardian or person having con- 
trol resides, upon its being shown to their satisfaction that 
such child's bodily or mental condition has been such as to 
prevent attendance at school, or application to study for the 
period required; Provided, That if such parent or guardian is 
not able, by reason of poverty, to properly clothe any such 
child, it shall be the duty of the school board of the proper 
district, upon the fact being shown to their satisfaction, to 
furnish the necessary clothing and pay for the same out of 
the school fund of such district, by warrant drawn as in other 
cases, or that such child or children are taught at home in such 
branches as are usually taught in the public schools, subject 
to the same examination as other pupils of the district in which 
the child resides; or that there is no school taught within two 
miles by the nearest traveled road. 

543. Failure of guardian to compel attendance — penalty. 

Any parent, guardian or other person failing to comply 
with the provisions of section two of this act shall, 
upon conviction, be deemed guilty of a misdemeanor, and fined 
in a sum not less than five nor more than twenty-five dollars 



THE STATE OF COLORADO. 21 

for each offense; and all fines so collected shall be paid into 
the county treasury and placed to the credit of the school dis- 
trict in which the offense occurs. 

[Section 2 referred to is section 542.] 

544. Penalty for failure of school director to prosecute cases of neglect. 

It shall be the duty of any school director of the dis- 
trict to inquire into all cases of neglect of the duty pre- 
scribed in this act, and ascertain from the person neglecting, 
the reason, if any, therefor; and he shall forthwith proceed 
to secure the prosecution of any offense occurring under this 
act; and any director neglecting to secure such prosecution for 
such offense, within ten days after a written notice has been 
served on him by any tax-payer in said district, unless the 
person so complained of shall be excused by the district board 
of education for the reasons hereinbefore stated, shall, upon 
conviction, be deemed guilty of a misdemeanor, and fined in a 
sum not less than ten nor more than fifty dollars; and such 
fine, when collected, shall be paid into the county treasury and 
placed to the credit of the school district in which the offense 
occurs. All actions for offenses committed under this act shall 
be prosecuted for and in the name of the state of Colorado. 

545. Malicious prosecution. 

That upon the trial of any offense as charged herein, before 
any court of competent jurisdiction, if it shall be determined that 
such prosecution was malicious, then the costs in such case shall 
be adjudged against the complainant and collected as fines in 
other cases. 

546. Attendance at night school. 

Two weeks' attendance, at half time or night school, shall be 
considered within the meaning of the article equivalent to an 
attendance of one week at a day school. 

547. Children under fourteen years of age not to be employed. 

That any person who shall take, receive, hire or 
employ, any children under fourteen years of age in any under- 
ground works or mine, or in any smelter, mill or factory, shall 
be guilty of a misdemeanor, and upon conviction thereof before 
any justice of the peace or court of record, shall be fined not 
less than ten dollars nor more than fifty dollars for each 
offense; Provided, That a jury on the trial of any such case 
before a justice of the peace shall be called and empanelled, as 
in the case of assault and battery, and that the jury in such 
cases shall designate the amount of the fine in their verdict. 



22 SCHOOL LAWS OP 

548. Arrest of person violating act. 

That whenever any person shall before a justice of the 
peace make oath, or affirm that the affiant believes that 
this act has been or is being violated, naming the person 
charged with such violation, such justice shall forthwith issue 
a warrant to a constable, or other authorized officer, and such 
officer shall arrest the person or persons so charged, and bring 
him or them before the justice issuing such warrant, for a hear- 
ing. And it shall be the duty of all constables and policemen 
to aid in the enforcement of this act. 

549. Penalty. 

That in default of the payment of the fine or pen- 
alty imposed under any of the provisions of this act, it shall 
be lawful for any justice of the peace, or court of record before 
vvhom any person maj be convicted of a violation of any of the 
provisions of this act, to commit such person to the county jail, 
there to remain for not less than twenty days nor more than 
ninety days. 

[This act comprises sections 547-549.] 

550. Unlawful, to exhibit children under age of fourteen. 

It shall be unlawful for any person having the ' care, 
custody or control of any child under the age of fourteen 
years, to exhibit, use or employ as an actor or performer in any 
concert hall or room where intoxicating liquors are sold or 
given away, or in any variety theatre, or for any illegal, obscene, 
indecent or immoral purpose, exhibition or practice whatso- 
ever, or for or in any business, exhibition or vocation injurious 
to the health or dangerous to the life or limb of such child, or 
cause, procure or encourage such child to engage therein. Noth- 
ing in this section contained shall apply to or affect the employ- 
ment or use of any such child as a singer or musician in any 
church, school or academy, or at any respectable entertain- 
ment, or the teaching or learning the science or practice of 
music. 

551. Unlawful to hire child for exhibition. 

It shall also be unlawful for any person to take, receive, 
hire, employ, use, exhibit or have in custody any child under the 
age and for the purpose prohibited in the first section of this 
act. 

[Penalty for violation of above two sections, section 603.] 
[Section 1 referred to is section 550.] 



THE STATE OP COLORADO. 23 

DELINQUENT CHILDREN. 
586. Definition of terms — Application of act — Evidence. 

This act shall apply only to children sixteen (16) years of age 
or under, not inmates of a state institution, or any institution 
incorporated under the laws of the state for the care and correc- 
tion of delinquent children. The words "Delinquent Child" shall 
include any child sixteen (16) years of age or under such age 
who violates any law of this state or any city or village ordinance; 
or who is incorrigible, or who knowingly associates with thieves^ 
vicious or immoral persons, or who is growing up in idleness or 
crime, or who knowingly visits or enters a house of ill-repute, or 
who knowingly patronizes or visits any policy shop or place where 
any gaming device is, or shall be, operated ; or who patronizes or 
visits any saloon or dram shop where intoxicating liquors are 
sold ; or who patronizes or visits any public pool room or bucket 
shop ; or who wanders about the streets in the night time without 
being on any lawful business or occupation; or who habitually 
wanders about any railroad yards or tracks, or jumps or hooks 
on to any moving train, or enters any car or engine without lawful 
authority; or who habitually uses vile, obscene, vulgar, profane 
or indecent language, or is guilty of immoral conduct in any 
public place or about any school house. Any child committing 
any of the acts herein mentioned shall be deemed a juvenile de- 
linquent person, and shall be proceeded against as such in the 
manner hereinafter provided. A disposition of any child under 
this act, or any evidence given in such cause, shall not in any 
civil, criminal or other cause or proceeding whatever in any court 
be lawful or proper evidence against such child for any purpose 
whatever, excepting in subsequent cases against the same child 
under this act. The word ''Child" or ''Children" may mean one 
or more children, or the word "Parent" or "Parents" may mean 
one or both parents when consistent with the intent of this act. 

603. Penalty. 

Any person who shall be convicted of violating any 
of the provisions of the preceding sections of this act, shall be 
fined not exceding one hundred dollars, or be imprisoned in the 
county jail not exceeding three months, or both, in the discretion 
of the court; and upon conviction for a second or any subsequent 
offense, shall be fined not exceeding two hundred dollars, or be 
imprisoned in the county jail not exceeding six months. 



24 SCHOOL LAWS OF 

COUNTY GOVERNMENT. 
1326. When school orders shall be paid — advertisement. 

It shall be the duty of the county treasurer of each 
county in this state, when there are sufficient funds to the 
credit of any school district, or to the credit of any school fund of 
any such district, to pay in full the principal and interest of any 
orders which may be on such fund, in the order of their registra- 
tion, and if at any time there shall be two hundred dollars in 
the hands of such treasurer, to the credit of any such fund, it 
shall be his duty to cause to be published in some newspaper 
published at the county seat of such county, for twenty days, 
a notice that certain school orders (describing same by numbers 
and amounts) wall be paid upon pres.entation, and at the expira- 
tion of said twenty days' advertisement, such orders shall cease 
to bear interest. 

1359. When office becomes vacant. 

Every county office shall become vacant, on the happening 
of either of the following events, before the expiration of the 
term of office : 

First — The death of the incumbent. 

Second — His resignation. 

Third — His removal. 

Fourth — His ceasing to be an inhabitant of the county for 
which he was elected or appointed. 

Fifth — His conviction of any infamous crime, or any offense 
involving a violation of his official oath. 

Sixth — His refusal or neglect to take his oath of office, or 
to give or renew his official bond, or to deposit such oath and 
bond within the time prescribed by law. 

Seventh — The decision of a competent tribunal, declaring 
void his election or apointment. 



CRIMES. 



1661. Hazing unlawful. 



It shall be unlawful of any person to engage in any 
of those practices commonly called "Hazing" or in any acts 
of torturing, tormenting, or in any way maltreating a fellow 
inmate, employe or student. 

1662. Punishment for hazing. 

Any person found guilty of the violation of the provisions 
of the first section of this act shall be deemed guilty of a mis- 



THE STATE OP COLORADO. 25 

demeanor and shall upon conviction be fined not less than five 
nor more than fifty dollars. 

1663. Punishment for hazing in educational institutions. 

Any officer, teacher, or student connected with any 
of the state institutions of this state who shall be found guilty 
of violating the provisions of this act, shall, if a teacher or 
employe, be dismissed from the further service of such state 
institution, and if a student, his conviction shall work expulsion 
from the state institution he may be attending, in perpetuum. 

1820. other officers shall not deal in warrants — penalty. 

It shall be unlawful for any county, city, town or school 
district officer in this state to buy, purchase, trade in or acquire, 
either directly or indirectly, any county, city, town or school 
district warrant, or any other evidences of county, city, town or 
school district indebtedness of the county of which he is such 
officer at the time. Any violation of the provisions of this act 
shall be adjudged a misdemeanor and punished in the discretion of 
the court by a fine and not exceeding five hundred (500) dollars, 
or imprisonment in the county jail for a period of not more than 
thirty (30) days. 

1821. Officer shall not use public funds for private purposes — penalty. 

If any officer appointed or elected by virtue of the con- 
stitution of this state, or any law thereof, as an officer, agent 
or servant of an incorporated city, town, municipal township, 
school district, or county, or other subdivision of this state, shall 
convert to his own use in any way whatever, or shall use, by 
way of investment in any kind of property or merchandise, or 
shall make way with or secrete any portion of the public funds 
or moneys, or any valuable securities by him received for safe 
keeping, disbursement, transfer, or for any other purpose, or 
which may be in his possession or over which he may have the 
supervision, care or control, by virtue of his office, agency or 
service, or under color or pretense thereof, every such officer, 
agent or servant shall, upon conviction, be punished by impris- 
onment not less than five (5) years. 

1822. Officers shall not loan public money — penalty. 

No such officer, agent or servant shall loan out, with 
or without interest, any money or valuable security received 
by him, or which may be in his possession or keeping, or care or 
control, by virtue of his office, agency or service, or under color 
or pretense thereof, and any such officer, agent or servant, so 
loaning such money or valuable security, on conviction thereof, 
shall be punished by imprisonment in the penitentiary not less 
than one year, or by a fine not less than five hundred (500) dollars. 



26 SCHOOL LAWS OF 

1823. No officer to derive benefit from contract. 

If any such officer, agent or servant shall make any 
contract or agreenient with any person or persons, body 
or bodies corporate, or other association, by which such officer, 
agent or servant is to derive any benefit or advantage, directly or 
indirectly, from the deposit with such person or persons, body 
or bodies corporate, or other association, of any moneys or valu- 
able securities held by such officers, agents or servants, by virtue 
of his office, agency or employment, such contract shall, as to 
such officer, agent or servant, be utterly null and void; but the 
person or persons, body or bodies corporate, or other association, 
shall be liable to the county, city, town, township or school dis- 
trict where funds are deposited, in an action for the recovery of 
all such benefits or advantage as would, by the terms of such 
contracts or agreement, have accrued to such officer, agent or 
servant; and payment to the officer, agent or servant shall not 
protect the person or persons, body or bodies corporate, or other 
association, against an action of recovery brought by the county, 
city, town, township or school district whose funds are so 
deposited. 

1824. Penalty for officer making unlawful contract. 

Any such officer, agent or servant who shall make any 
such contract or agreement as described in the last section 
of this act, or who shall receive any benefit or advantage, directly 
or indirectly, from the deposit of any money or valuable security 
held by him as such officer, agent or servant, or over which he 
has control, care or supervision, by virtue of his office, agency 
or service, shall, upon conviction thereof, be punished by im- 
prisonment in the penitentiary not less than one year or by fine 
not less than five hundred (5U0) dollars. 

1825. Refusing to pay warrant or to accept same for taxes — penalty. 

Any state or county treasurer, who, upon presenta- 
tion of any auditor's warrant, state warrant, county order 
or other like evidence of indebtedness, for payment, shall refuse 
payment thereof, there being then in such treasurer sufficient 
funds appropriated by law for the payment of such warrant, 
order or other like indebtedness, or wherefrom by law, payment 
thereof ought to be made; and any county treasurer or collector 
of taxes, who upon presentation of any auditor's warrant, county 
order or other like certificate or evidence of indebtedness in 
payment of any taxes which may by law be paid therein, shall 
refuse to receive such order, warrant or certificate in payment 
of such taxes, every such officer so offending shall be liable to 
indictment, and upon conviction shall be fined in any sum not 



THE STATE OF COLORADO. 27 

(exceeding five hundred dollars. This section shall extend to the 
deputies of every such treasurer and collector of taxes. 

1826. Penalty for failure to call warrants. 

Whenever the treasurer of the state or any county, 
city, town or school district shall have in his hands any moneys, 
applicable to the payment of any state, city, town, county or 
school district warrant, and shall fail or neglect for thirty days 
to publish a call as provided by law for the presentation and 
payment of warrants, he shall be deemed guilty of a misdemeanor 
and, upon conviction, shall be liable to a fine not less than ten 
nor more than three hundred 'dollars. 

ELECTIONS. 
2146. Qualifications of voter. 

Every person over the age of twenty-one years, possessing 
the following qualifications, shall be entitled to vote at all elec- 
tions: 

First — He shall be a citizen of the United States. 

Second — He shall have resided in this state one year imme- 
diately preceding the election at which he offers to vote; in the 
county ninety days; in the city or town thirt}^ days, and in the 
ward or precinct ten days. 

FEES AND SALARIES. 
2575. Classification of Counties to Regulate Salaries. 

For the purpose of regulating the amount of compensation 
of county superintendents of schools, the counties of the state 
are divided into seven classes as follows : 

The City and County of Denver, El Paso and Las Animas 
Counties shall be the first class; Pueblo, Weld, Boulder, Fre- 
mont and Teller Counties shall be the second class; Conejos, 
Delta, Garfield, Gilpin, Huerfano, Lake, Larimer, Mesa, Mont- 
rose and Otero Counties shall be the third class; Chaffee, Clear 
Creek, Douglas, Eagle, Elbert, Jefferson, Gunnison, La Plata, 
Ouray, Rio Grande, Pitkin, Park, Prowers and Saguache Coun- 
ties shall be the fourth class; Bent, Custer, Cheyenne, Kit Car- 
son, Logan, Montezuma, Morgan, Routt, San Miguel and Yuma 
Counties shall be the fifth class ; Archuleta, Baca, Costilla, Grand, 
Kiowa, Lincoln, Mineral, Phillips, Rio Blanco, San Juan, Sedg- 
wick, Summit and Washington shall be the sixth class; Dolores 



28 SCHOOL LAWS OP 

and Hinsdale shall be the seventh class. County Superintend- 
ents of schools shall receive the following compensation, to be 
paid quarterly out of the county treasury, to wit: In counties 
of the first class, an annual salary of twenty-eight hundred dol- 
lars (12,800.00) ; in counties of the second class an annual salary 
of two thousand dollars (|2,000.00) ; in counties of the third 
class, an annual salary of twelve hundred dollars (|1,200.00) ; 
in counties of the fourth class, an annual salary of eleven hun- 
dred dollars (|1,100.00) ; in counties of the fifth class, an annual 
salary of eight hundred dollars (|800.00) ; in counties of the 
sixth class, an annual salary of five hundred dollars (1500.00) ; 
in counties of the seventh class, an annual salary of one hun- 
dred dollars ($100.00) ; in all but first and second class counties, 
boards of county commissioners may allow mileage not to exceed 
ten cents (10c) per mile for distance necessarily and actually 
traveled in the performance of duty, not to exceed an aggregate 
of three hundred dollars (|300.00) per annum in any county. 

2580. Deputies and assistants — compensation. 

Deputies and assistants may be employed by the * » * 
county superintendents of schools * * * (who shall 
be paid out of the county treasury), the compensation and time 
of service to be fixed by the board, the selection of said deputies 
and employes to be made by the officer authorized to employ 
them; Provided, That the provisions of this section relating to 
the county superintendents of schools shall apply only in counties 
of the first class. 

FLAGS. 
2597. Unlawful to display any but flag of United States — exception. 

It shall be unlawful to display any flag upon any state, 
county or municipal buildings in this state, except the 
flags of the United States. Provided, however, That whenever 
any foreigner shall become the guest of the United States, or of 
the state of Colorado, or of any city of this state, or upon the 
occasion of the visit of any foreign minister, envoy or ambassador 
in his official or representative capacity, the flag of the country 
of which such person shall be a citizen may be displayed upon 
such public buildings; and it shall be unlawful to display the 
flag of any anarchistic society upon any public or private build- 
ing or in any street procession or parade within the state of 
Colorado. 



THE STATE OF COLORADO. 29 

2598. Penalty for violation of preceding section. 

Any violation of this act is hereby declared a misdemeanor 
and shall be j)unished by a fine of not less than fifty nor more 
than five hundred dollars. 

[See sections 5829 to 5833.] 

HOLIDAYS. 

2940. Holidays — effect on negotiable instruments and return days — when 
lioiiday falls on Sunday. 

That the following days, viz.: The first day of Jan- 
uary, commonly called New Year's day; the twelfth day of 
February, known as the birthday of Abraham Lincoln; the 
twenty-second day of February, commonly called Washington's 
birthday; the thirtieth day of May, commonly called Decoration 
day; the fourth day of July; the twenty-fifth day of December, 
commonly called Christmas day; and any day appointed or rec- 
ommended by the governor of this state or the president of the 
United States, as a day of fasting and prayer or thanksgiving, 
shall for all purposes whatsoever, as regards the presenting for 
payment or acceptance, and of the protesting and giving notice 
of the dishonor of bills of exchange, drafts, bank checks, promis- 
sory notes, or other negotiable instruments, also for the holding 
of courts, be treated and considered as is the first day of the 
week, commonly called Sunday; Provided, That in case any of 
the said holidays, or any other legal holiday heretofore or here- 
after designated, shall fall upon a. Sunday, then the Monday 
following shall be considered as the said holiday, and all notes, 
bills, drafts, checks or other negotiable instruments falling due 
or maturing on either of said days, shall be deemed to be payable 
on the next succeeding business day; and in case the return or 
adjourned day in any suit, matter or hearing before any court 
shall come on any day before mentioned, such suit, matter or 
proceeding, commenced or adjourned as aforesaid, shall not, 
by reason of coming on any such day, abate, but the same shall 
stand continued to the next succeeding day, at the same time 
and place, unless the next day shall be the first day of the week, 
when in such case the same shall stand continued to the day 
next succeeding, secular or business day, at the same time and 
place; Provided, further, Nothing in this act shall prevent the 
issuing or serving of process on any of the days above mentioned, 
or on Sunday. 

2942. Arbor day — tree planting. 

The third Friday in April of each year shall be set 
apart and known as "Arbor Day," to be observed by the people 



30 SCHOOL LAWS OF 

of this state in the planting of forest trees, for the benefit and 
adornment of public and private grounds, places and ways, and 
in such other efforts and undertakings as shall be in harmony 
with the general character of the day so established; Provided^ 
That the actual planting of trees may be done on the day desig- 
nated, or at such other most convenient time as may best conform 
to local climatic conditions, such other time to be designated, 
and due notice thereof given, by the several county superintend- 
ents of schools for their respective counties. 

2943. A holiday in public schools. 

The day, as above designated, shall be a holiday in all public 
schools of the state, and school officers and teachers are required 
to have the schools under their respective charge observe the day 
by planting of trees, or other appropriate exercises. 

2944. Governor shall issue proclamation. 

Annually, at the proper season, the governor shall 
issue a proclamation, calling the attention of the people to the 
provisions of this act, and recommending and enjoining its due 
observance. The superintendent of public instruction, and the 
respective county superintendents of schools, shall also promote, 
by all proper means, the observance of the day; and the said 
county superintendents of schools shall make annual reports to 
the state forest commissioner of the action taken in this behalf 
in their respective counties. 

2945. Colorado day. 

That the first day of August of the year 1907, and 
the first day of August of each and every year hereafter is hereby 
made a public holiday to be known as "Colorado Day," and such 
day is hereby set apart for a proper celebration by our people 
in commemoration of the admission of the state of Colorado into 
the union. 

2946. Same, if day designated falls on Sunday. 

That whenever the first day of August falls upon Sunday, 
the following Monday is hereby designated as the day for cele- 
brating such event. 

Provided That this act shall not be construed to affect the 
making or execution of agreements or instruments in writing, 
or to interfere with judicial proceedings. 



THE STATE OF COLORADO. 31 

2947. Labor day. 

The first Monday in September of the present year of our 
Lord, "and each j^ear thereafter, is hereby declared a public holi- 
day, to be known as '''Labor Day," and the same shall be recog- 
nized, classed and treated as other holidays under the laws of 
this state. 

2948. Columbus day. 

The 12th day of October of the present year of our 
Lord, 1907, and the 12th day of October of each year thereafter 
is hereby declared a public holiday, to be known as "Columbus 
Day," and the same shall be recognized, classed and treated as 
other legal holidays under the laws of this state; Provided, That 
this act shall not be construed to affect commercial paper, the 
making or execution of agreements or instruments in writing, 
or interfere with judicial proceedings. 

2949. Election day in November. 

Election day in November of each year is hereby made a 
legal holiday. 

JUSTICES AND CONSTABLES. 

3874. Justice report quarterly to county commissioners. 

Every justice of the peace or other magistrate by 
whom any fine or penalty has been imposed which under 
the statute should be paid into the general school fund, shall at 
the next regular quarterly meeting of the board of county com- 
missioners submit an itemized report showing date of trial, 
title of case, nature of offense and amount of fine, giving 
amounts collected, amounts uncollected and accompanying said 
report with receipts from the county treasurer for amounts so 
collected and paid over to him. 

3875. County treasurer report fines paid. 

The county treasurer, at the time of rendering to 
the county superintendent of schools his quarterly certificate 
of taxes collected (as provided in section sixty-six (66) of chap- 
ter XCVII, being general section three thousand and sixty one 
(3061) of the General Statutes of the state of Colorado) shall 
show separately in said certified statement the amounts 
received from fines and by whom paid in. 

[Section 3061 referred to is section 5899.] 

[For fines, penalties and forfeitures, which are paid into school fund, see 
sections 50, 423, 440. 535, 961, 1004. 1352, 1362, 1794, 1877, 2384. 3243, 4305, 4701, 4710, 
4820, 5510, 6369, 6380, 6422, 6895, and 7012. Revised Statutes 1908.] 



32 SCHOOL LAWS OF 

MUTE AND BLIND. 

4313. Institute located at Colorado Springs. 

There shall be permanently maintained at the city of Colo- 
rado Springs, in the county of El Paso, an institution for the 
support and education of the mute and blind residing within the 
state of Colorado. 

4334. Who may be admitted — report of county superintendent of schools. 
Every blind, deaf or mute citizen of the state of Colo- 
rado, of sound mind, over six (6) and under twenty-one (21) 
years of age, shall be entitled to receive an education in said 
institute at the expense of the state. All applicants above the 
age of twenty-one (21) years may be admitted at the option of 
the board. Each county superintendent of common schools 
sha.ll report on the first day of June in each year to the super- 
intendent of the school for the education of the deaf and the 
blind, the name, age and postoflfice address of every blind or 
deaf person of suitable age, for admission to said school, resid- 
ing in this county, including all such persons as may be too 
deaf or blind to acquire an education in the common schools. 
Applicants for admission to said school from other states, if 
within the ages prescribed by this section, may be admitted 
upon payment of such a sum quarterly, as the board of trustees 
of said school may determine. 

[See also section 5939.] 

PUBLIC CONTRACTS. 

4994. No officer letting contract shall have interest therein. 
Whenever any officer of this state or of any county, 

city, town, or school district therein, shall be charged with 
the duty of making any contract for, or on behalf of this 
state, or of any county, city, town, or school district therein, 
shall be obliged to pay any sum of money to any person whom- 
soever, and whenever any such officer, as a member of any 
board of auditors, commissioners, or directors, or otherwise, 
shall have any vote or voice in awarding any such contract, it 
shall not be lawful for any such officer to become in any manner 
bound for the fulfillment of such contract, or to take or receive 
any part or portion of the money specified in such contract, 
or to be in any way, manner or degree interested in such con- 
tract, excepting in his official representative capacity. 

4995. Penalty for violation of this act. 

Whosoever shall offend against the provisions of this act 
shall be imprisoned not exceeding six months, and fined not 
exceeding two thousand dollars, and shall be removed from 
office. 



THE STATE OP COLORADO. 33 

PUBLIC HEALTH. 
5010. Powers and duties. 

The state board of health shall * * * from time to 
time recommend standard works on the subject of hygiene for 
the use of schools of the state. 

STATE BOARD OF EDUCATION. 

5866. Who constitute state board. 

The superintendent of public instruction, the secretary of 
state and attorney-general shall constitute a state board of edu-" 
cation, of which the superintendent of public instruction shall 
be president. 

5867. IVIeetings of board — rules and regulations. 

The state board of education shall meet at the state 
capitol on the last Saturday in December, in each year, and at 
such other times and places as may by them be deemed necessary, 
and shall have power to adopt any rules and regulations not in- 
consistent with law, for its own government, and for the govern- 
ment of the public schools. 

5868. Board may grant state diplomas — effect. 

The state board of education is hereby authorized to 
grant state diplomas to such teachers as may be found to 
possess the requisite scholarship and culture, and who may also 
exhibit satisfactory evidence of an exceptional moral character 
and whose eminent professional ability has been established by 
not less than two years' successful teaching in the public schools 
of this state. Such diplomas shall supersede the necessity of any 
and all other examinations of persons holding the same, by 
county, city, town or local examiners, and shall be valid in any 
county, city, town or district in the state, for the grade of work 
indicated unless revoked by the state board of education. 

5869. state board of examiners. 

There is hereby created a state board of examiners which 
shall consist of a state superintendent of public instruction 
who shall be president of the board, and eight other persons 
who shall be appointed by the state board of education in 
the manner following: Immediately upon the passage of this 
act the state board of education shall appoint two members of 
said state board of examiners, one of whom shall be recom- 
mended to it for that purpose by the president of the State 
Agricultural College, and both of whom shall be citizens of 
Colorado, actively engaged in educational work, and who are 
not members of the faculties of either the State Agricultural 
College, the University of Colorado, the State School of Mines, 
or the State Normal School, which said members shall hold 



34 SCHOOL LAWS OF 

office until the first day of May, A. D. 1910, and whose 
respective successors shall in like manner be appointed to hold 
office for successive terms of four years thereafter. 

And the State board of education shall also in like manner 
appoint two members of said state board of examiners, one 
of whom shall be recommended to it for that purpose by the 
president of the University of Colorado, and both of whom 
shall be citizens of Colorado, actively engaged in educational 
work, and who are not members of the faculties of either the 
State Agricultural College, the University of Colorado, the 
State School of Mines or the State Normal School, which said 
members shall hold office until the first day of May, A. D. 1911, 
and whose respective successors shall in like manner be 
appointed to hold office for successive terms of four years 
thereafter. 

And the state board of education shall also in like manner 
appoint two members of said state board of examiners, one of 
whom shall be recommended to it for that purpose by the 
president of the State School of Mines and both of whom shall 
be citizens of the state of Colorado, actively engaged in educa- 
tional work, and who are not members of the faculties of either 
the State Agricultural College, the University of Colorado, the 
State School of Mines or the State Normal School, which said 
members shall hold office until the first day of May, A. D. 1912, 
and whose respective successors shall in like manner be 
appointed to hold office for successive terms of four years 
thereafter. 

And the state board of education shall also in like manner 
appoint two members of said state board of examiners, one 
of whom shall be recommended to it for that purpose by the 
president of the State Normal School, and both of whom shall 
be citizens of the state of Colorado, actively engaged in educa- 
tional work, and who are not members of the faculties of 
either the State Agricultural College, the University of Colo- 
rado, the State School of Mines or the State Normal School, 
which said members shall hold office until the first day of May, 
A. D. 1913, and whose respective successors shall in like man- 
ner be appointed to hold office for successive terms of four 
years thereafter. [L. '09, p. 369, 370, '§1. 

5869a. Applicants to be examined. 

The state board of examiners shall, as often as directed 
by the state board of education, and at least as often as once 
a year, and after having given due public notice of the same, 
examine all applicants for state diplomas in such branches and 



THE STATE OP COLORADO. 35 

upon such terms as in the judgment of the state board of 
examiners, shall be requisite to prove the applicant's possession 
of academic and professional attainments, fully equivalent to 
those set forth>in section 4 of this act. [L. '09, p. 370, §2. 

5869b. Requirements of applicants. 

And the state board of education shall grant state 
diplomas to such persons as shall by virtue of such examina- 
tion, be found to possess the requisite scholarship and culture, 
and who shall also exhibit evidence satisfactory to the state 
board of education, of good moral character. [L. '09, p. 370, §3. 

5869c. Diplomas without examination. 

The state board of education shall issue state diplomas 
upon aplication, without examination, to applicants who shall 
be graduates of colleges situated within the state of Colorado, 
which maintain a standard four-year course of collegiate work 
and require four standard years of high school work or its 
equivalent for admission, and who shall also exhibit evidence 
satisfactory to the state" board of education of good moral char- 
acter, and who shall also present evidence satisfactory to the 
slate board of education that they have had twenty-four months 
of successful teaching experience, and who shall also produce 
evidence satisfactory to the state board of education of profes- 
sional training equivalent to at least one-sixth of a standard 
four years' college course and at least three of the following 
groups of subjects, one of which shall be Practice Teaching, 
to wit: 

(1) General and Educational Psychology. 

(2) History of Education. 

(3) Science and Principles of Education. 

(4) Practice Teaching and Special Methods. 

(5) Organization and Management of Schools. 

(6) Philosophy, Sociology and Anthropology. [L. '09, 
p. 371, §4. 

5S69d. Who need not take examination. 

The state board of education shall grant state diplomas to 
all persons who shall be teaching in the public high schools of 
the state of Colorado at the time of the passage of this act and 
who shall, within a period of six months thereafter, satisfy the 
state board of education that they have had forty-five months' 
successful teaching experience in the public high schools of 
the state of Colorado. [L. '09, p. 371, §5. 



36 SCHOOL LAWS OP 

5869e. Diploma for eminent service. 

The state board of education may, in their discretion, issue 
state diplomas without examination, to those persons who, in 
addition to good moral character and scholarly attainments 
have, in the opinion of the state board of education, rendered 
eminent service in the educational work of the state for a 
period of not less than six years. [L. '09, p. 371, §6. 

5869f. Diplomas license to teach for five years. 

State diplomas, granted under the provisions of this act, 
shall license the holders thereof to teach in the public schools 
of any county, city, town or district in the state without the 
necessity of any other examination, for a period of five years 
unless sooner revoked by the state board of education, and at 
the expiration of said time, the same may be renewed for a 
like period of five years in the discretion of the stafe board of 
education, and at the expiration of this time, the same may be 
renewed for life upon presentation to the state board of educa- 
tion of satisfactory evidence of professional growth and effi- 
ciency; Provided, That the state board of education shall issue 
upon application, without examination, to those persons who 
possess the qualifications set forth in section 4 of this act, 
experience in teaching alone excepted, a temporary, non- 
renewable certificate to teach for five years in the public schools 
of Colorado. [L. '09, p. 371, 372, §7. 

5870. Board may revoke diploma. 

The state board of education may at any time revoke 
a state diploma, upon satisfactory evidence that the holder 
thereof has become unworthy the same; Provided, That before 
revoking any such diploma, the holder thereof shall have at 
least thirty days' notice to appear before the state board and 
refute any charges brought against him. 

STATE SUPERINTENDENT. 

5871. Election of state superintendent — term. 

At the general election, to be held in the year of our 
Lord one thousand eight hundred and seventy-eight, and every 
two years thereafter, a state superintendent of public instruction 
shall be elected by the qualified electors of the state, who shall 
hold office for the term of two vears from the second Tuesdav 



THE STATE OF COLORADO. 37 

of January next after his election, and until his successor is 
duly elected and qualified, 

5872. Oath and bond of superintendent. 

Before entering upon his duties he shall take and sub- 
scribe the oath of office prescribed by the constitution, and 
shall also execute a bond in the penalty of five thousand 
dollars, payable to the state of Colorado, with sureties to be 
approved by the state auditor, conditioned upon the faithful 
discharge of his official duties, and the delivery to his successor 
of all books, papers, documents and other property belonging to 
the office. Said bond and oath shall be deposited with the secre- 
tary of state. 

5873. Powers and duties of superintendent. 

He shall have an office at the seat of government, where 
shall be kept an official seal, and all books and papers apper- 
taining to the business of his office. He shall file all papers, 
reports, and public documents transmitted to him by the school 
officers of the several counties, each year separately, and hold 
the same in readiness to be exhibited to the governor, or to any 
committee of either house of the general assembly; Copies of all 
papers filed in his office, and his official acts may be certified by 
him; and when so certified, shall be evidence equally and in like 
manner as the original papers. He shall decide all points touch- 
ing the construction of the school laws, which may be submitted 
to him in writing by any school officer, teacher or other person 
in the state, and his decisions shall be held to be correct and final 
until set aside by a court of competent jurisdiction, or by sub- 
sequent legislation; and said decisions, correspondence and in- 
structions may be communicated through the columns of any 
regularly published periodical that is devoted to the interest of 
education. He shall prepare lists of questions for the use of 
county superintendents at the quarterly examination of teachers, 
and make such suggestions concerning their use, as shall tend to 
secure uniform examinations in the different counties; and he 
may call to his aid, in the preparation of said questions, such 
assistance as he may deem proper. 

5873a. 

The state superintendent of public instruction shall prepare 
or cause to be prepared suitable test cards, blanks, record books, 
and other needful appliances and supplies to be used in testing 



38 SCHOOL LAWS OF 

tlie sight, hearing and breathing of pupils in the public schools, 
and the necessary instructions for their use; and shall furnish 
the same free of expense to every public school in the state. The 
teacher or principal in every public school, or where there is no 
principal, the county superintendent, shall, during the first 
month of each school year, test the sight, hearing and breathing 
of all pupils under his charge, such examination to be made by 
observation, without using drugs or instruments, and without 
coming in contact with said child; and keep a record of such 
examinations according to the instructions furnished and make 
a written report of such examinations to the state superintend- 
ent of public instruction as he may require. [L. '09, p. 490, §1, 

5873b. 

The State Auditor is hereby directed to draw his order for 
such sums and at such times as the State Superintendent of 
Public Instruction may require to carry out the provisions of 
this act. The total expenses under this act shall not exceed one 
thousand dollars (|1,000.00) in any biennial period ending No- 
vember 30. [L. '09, p. 491. 

5874. Shall furnish blanks — cost — prepare the laws — cost. 

He shall have a general supervision of all the county super- 
intendents and of the public schools of the state. He shall 
prepare, have printed and furnished to teachers and all offlcers 
charged with the administration of the laws relating to public 
schools such blank forms, registers and books as may be neces- 
sary to the discharge of their duties, but he shall not copyright 
such forms, nor be directl}^ nor indirectly compensated by reason 
of the sale thereof. All registers and blank books so furnished 
for the use of teachers and school officers shall be charged to the 
respective counties at cost, and the county superintendent of 
schools shall receipt for and distribute the same among the 
districts of his county as they may require; and the amount so 
charged against each county shall be deducted from the amount 
apportioned to such county at the semi-annual apportionment 
of the state school fund; and the superintendent of public in- 
struction shall certifj^ to the state treasurer the aggregate 
amount of such deductions, and the treasurer shall thereupon 
transfer said amount from the school fund, subject to apportion- 
ment, to the general fund. 

The superintendent of public instruction shall have the laws 
relating to public schools printed in pamphlet form, and annexed 
thereto forms for making reports and conducting school business, 
and shall supply school officers, school libraries and state 
libraries with a copy each. Said printing to be paid for out of 



THE STATE OP COLORADO. . 39 

the printing fund on warrant of the auditor, on bills approved 
by the superintendent of public instruction and attested by the 
secretary of state. 

5875. Report of superintendent — visitations — investigations — expenses. 

He shall, on or before the tenth day of December in 
every year preceding that in which shall be held a regular 
session of the general assembly, report to the governor the con- 
dition of the public schools, the amount of state school fund 
apportioned, and sources from which derived, with such sug- 
gestions and recommendations relating to the affairs of his ofQce 
as he may think proper to communicate. It shall be his duty 
to visit annually such counties in the state as most need his 
personal attendance, and all counties, if practicable, for the 
purpose of inspecting the schools, awakening and guiding public 
sentiment in relation to the practical interests of education, and 
diffusing as widely as possible, by public addresses and personal 
communication with school teachers and parents, a knowledge 
of existing defects and of desirable improvements in the govern- 
ment and instruction of the schools; and he shall open such 
correspondence as may enable him to obtain all necessary in- 
formation relating to the system of public schools in other states; 
and he shall receive out of the state treasury, for actual neces- 
sary traveling expenses, and other expenses while traveling on 
the business of the department, not exceeding five hundred 
dollars' per annum, for which he shall render an itemized bill 
to the auditor of state, who is hereby authorized to draw his 
warrant therefor; and all office, fuel, furniture, postage, books, 
stationery, and other contingent expenses pertaining to his office, 
shall be furnished in the same manner as those of the other 
departments of the state government. 

5876. IVIay employ assistant librarian — salary. 

He may employ an assistant librarian, who shall have charge 
of the state library, under such regulations as may be prescribed 
by the state librarian, or by law. Said assistant shall receive 
the annual salary of one thousand dollars for his services. 

COUNTY SUPERINTENDENT. 

5877. Election — oath — bond — when term begins. 

There shall be elected in each county, at the general elec- 
tion, in the year one thousand eight hundred and seventy- 
seven, and biennially thereafter, a county superintendent of 
public schools, who shall take office on the second Tuesday of 



40 SCHOOL LAWS OF 

January next succeeding that in which such election shall be 
held. He shall hold his office for two years, and until his suc- 
cessor shall be elected and qualified. Before entering upon the 
duties of his office he shall take the oath prescribed by the 
constitution, and execute a bond payable to the people of the 
state of Colorado, with two or more sureties, to be approved by 
the board of county commissioners, in penalty of not less than 
two thousand dollars, to be increased at the discretion of said 
board, conditioned upon the faithful performance of the duties 
of his office, and the delivery of all moneys and property as such 
superintendent to his successors, which bond shall be filed in 
the office of the county clerk. 

5878. Failure to qualify — vacancy — appointment. 

Should the superintendent-elect fail to qualify as afore- 
said, or should there occur a vacancy in said office, the board 
of county commissioners shall, at their next meeting after 
such vacancy or failure to qualify occurs, appoint an eligible and 
suitable person, who shall qualify within ten days after his 
appointment, and who shall continue in office until the next 
general election thereafter. Should such appointee fail to qualify 
as aforesaid, another appointment shall be made in the same 
manner, until the vacancy shall be filled by appointment or 
election. 

5879. May appoint deputy — compensation. 

If for any cause the superintendent is unable to at- 
tend to the duties of his office, he may appoint a deputy, who 
shall take the usual oath or affirmation of office, and who may 
exercise all the functions of county superintendent, but such 
deputy shall draw no salary from the public fund; Provided, 
That the superintendent may receive a per diem for the services 
of such deputy. 

5880. County superintendent to make reports. 

On the first Tuesday of September in each year, the 
county superintendent shall make a report to the superin- 
tendent of public instruction for the school year ending June 
thirtieth next preceding, which report shall contain an abstract 
of the reports made to him by district secretaries, and such 



, THE STATE OP COLORADO. 41 

other matters as the superintendent of public instruction may 
direct, and shall be in such form and upon such blanks as the 
superintendent of public instruction shall furnish. The county 
superintendent shall retain a copy of all such reports and file 
the same in his office. 

5881. Duties of county superintendent. 

It shall be the duty of the county superintendent to 
exercise a careful supervision over the schools of his county, 
to visit each school at least once during each quarter it is in 
session, to see that all the provisions of this act are observed 
and followed by teachers and school officers; to examine the 
accounts of the district officers to see if such accounts are prop- 
erly kept, and all district funds properly accounted for; to keep 
in a good and substantial bound book a record of his official 
acts, and of other matters required by law to be recorded; to 
obey the legal instructions and decisions of the superintendent 
of public instruction. He shall also keep a record of the reg- 
isters, record books, and order books furnished to the several 
districts of his county; and it shall be his duty to hold county 
teachers' associations whenever, in his judgment, the interests 
of the school work demand it; the records of the county super- 
intendent's office shall be open to the inspection of any citizen 
of the county, and within one week from the close of each school 
year he shall publish in some newspaper published in the county, 
if there be such a paper, a statement of the apportionment of 
school funds for the year preceding. 

[County superintendent shall revise school census. Section 5939.] 

5882. Penalty for failure to make report. 

If the county superintendent fails to make a full and cor- 
rect report to the superintendent of public instruction, as pro- 
vided by law, and shall, after written request or notice from 
the superintendent of public instruction or from the board of 
county commissioners, delay more than ten (10) days after the 
service of such notice to make such report, he shall forfeit the 
sum of one hundred dollars, which sum the board of county 
commissioners may deduct from any money due him ; said forfeit 
may, however, be recovered by suit, upon his official bond. 

5883. May administer oaths. 

The county superintendent shall have power, and is hereby 
authorized, to administer oaths and affirmations to school direc- 



42 SCHOOL LAWS OF 

tors, teachers and all other persons, in official matters relating 
to schools; but shall receive no fee for so doing. 

5884. May appoint directors, in certain districts. 

The county superintendent shall appoint directors for 
any district which fails to elect, as provided in section forty- 
four, and shall fill vacancies that may occur in any board of 
directors by reason of death, removal from oflSce or from the 
district, resignation or otherwise, except in the boards of direct- 
ors of districts of the first class, and the officers so appointed 
shall hold office only until the ensuing regular election. 

[Section 44 referred to is section 5918.] 

5885. County superintendent keep record of boundaries of scliool districts. 

It shall be the duty of the county superintendent to 
ascertain the boundaries of each school district in his county, 
arid to make and keep a record of the same in a suitable bound 
book, which record shall show definitely the boundaries of each 
district. In case the boundaries are found to be conflicting or 
incorrectly described, he shall harmonize the same and make 
a report of such action to the board of school directors whose 
districts are affected thereby. District officers shall have access 
to such records for the purpose of examination, making copies, 
or for other legitimate purposes. The county superintendent 
shall prepare or have prepared a map of the county, showing the 
correct boundaries of the districts. 

5886. Supplies and office hours of superintendent. « 

The commissioners shall provide him with a suitable office 
at the county seat and all necessary blank books, stationery, 
postage, expressage and other expenses of his office not other- 
wise provided for, which last mentioned expenses shall be paid 
for from the county fund. He shall keep his office open for the 
transaction of official business such days of each week as the 
duties of the office may require. 

SCHOOL FUND. 

5887. Apportionment of public school fund. 

It shall be the duty of the state auditor to notify 
the superintendent of public instruction of the amount of 
money in the state treasury to the credit of the public school 
income fund on the thirtieth day of June and December in each 



THE STATE OF COLORADO. 43 

year. Within fifteen days after receiving such notification, 
the superintendent of public instruction shall apportion said 
fund among the several counties of the state, from which 
reports have ^been received by said superintendent, as provided 
in this act, in proportion to the school population as shown by 
the report of each county for the jesiv next preceding such 
apportionment, making such deductions as are provided in sec- 
tion 9 of said chapter. And the superintendent of public 
instruction shall certify said apportionment to the state auditor, 
and upon such certificate the auditor shall draw his warrant 
on the state treasurer in favor of the county treasurer of each 
county for the amount due said county. The superintendent 
shall also certify to the superintendent of each county the 
amount apportioned to such county. 

[Section 9 above referred to is section 5874.] 

5888. Apportionment of county school fund. 

The county superintendent shall apportion the general school 
fund of the county among the several school districts, in accord- 
ance with the provisions of sections 72 and 73 of this chapter, 
quarterly, to wit : On the first Monday in January, April, July 
and October in each year, and he may apportion the same at 
other times, if there be sufficient money in the treasury to require 
it. He shall certify each apportionment promptly to the county 
treasurer, and shall also notify the secretary of each district of 
the amount placed to the credit of his district. 

[Sections 72 and 73 above referred to are sections 5889 and 5890.] 

5889. Apportionment, how bassd. 

In apportioning the general fund, as directed in sec- 
tion nineteen of this chapter, the county superintendent shall 
base the July apportionment, in each year, on the census 
lists and reports of the secretaries of the several districts for 
the school year next preceding, and he shall base all apportion- 
ments on said lists and reports for a period of one year, except 
in the case of the apportionment of new districts, as provided 
in section thirty-two of this chapter. 

[Section 32 above referred to is section 5912.] 

5890. Apportionment. 

The county superintendent shall apportion the fund afore- 
said among the districts entitled to the same, according to the 
number of persons of school age, as shown by the census lists 
and reports of the several districts for the school year imme- 
diately preceding, as provided in section seventy-two. 

[Section 72 above referred to is section 5889.] 



44 SCHOOL LAWS OF 

5891. Effect of failure to maintain school. 

Any school district failing to maintain a public school at 
least three months of any school year, shall not be entitled to 
receive any portion of the school fund for that year. 

5892. Apportionment of normal institute fund. 

At the time of apportioning the state school fund 
in July of each year the superintendent of public instruction 
shall apportion the state normal institute fund equally among 
the normal institute districts of the state, and the sum accred- 
ited to each normal institute district shall be transmitted to 
the custodian of the normal institute fund thereof in the same 
manner as each county's apportionment of the state school fund 
is now transmitted to the county treasurer; and each district's 
apportionment of the state normal institute fund shall be 
applied and expended in the same manner and for the same 
purposes as the fund of each normal institute district has here 
tofore been applied and expended. 

COUNTY SCHOOL TAX. 

5893. Tax levy — basis for making estimate. 

The county commissioners shall, at the time of levying 
the tax for county purposes, cause to be levied a tax for 
the support of the schools within the county, of not less 
than two (2) mills on the dollar, of the assessed value of all 
taxable property, real and personal, within the county, which 
tax shall be collected by the county treasurer at the same time, 
and in the same manner, as state and county taxes are col- 
lected, except that it shall be receivable only in cash. It is 
hereby made the duty of the county superintendent of schools 
to certify to the board of county commissioners at this time the 
amount of money needed per capita, to enable each school dis- 
trict in the county to maintain a public school four (4) months 
in each year, as required by law. In making his estimate, the 
county superintendent shall not take into consideration dis- 
tricts whose school population shall be less than fifteen (15), 
as shown by the school census preceding the time of making 
the levy. He shall use as a basis for making his estimate the 
sum of forty (40) dollars per month for the teacher's salary. 
All other expenses of the school must be provided for by the 
board of directors by special tax. It is hereby made the duty 
of the county commissioners to increase the minimum rate of 
two (2) mills, to what shall be required for the purpose as 
stated as above; Provided, That such tax levy shall in no case 



THE STATE OF COLORADO. 45 

exceed five (5) mills; Provided, further, If any school district 
shall fail to certify a special tax for other expenses of the dis- 
trict necessary to maintaining a public school each year, as 
provided for in section 77, the county commissioners shall cause 
the same to be levied. 

[Section 77 above referred to is section 6009.] 

5894. Penalty for failure of officer to make levy. 

No county clerk or other person who shall make out 
the tax list or assessment roll of any county, shall omit or 
neglect to levy said tax of two (2) mills, as aforesaid, by reason 
of the omission of the board of county commissioners to pass a 
resolution for that purpose. Failure to levy a tax of at least 
two (2) mills, as above specified, shall be deemed a violation 
of the law, and the person or persons through whose neglect 
or refusal the failure so to levy shall occur, shall forfeit the 
sum of one hundred (100) dollars each, and be liable for all 
damages resulting from such neglect or failure. 

5895. School board certify amount of tax to be levied — duties of treasurer 

and assessor. 

On or before the day designated by law for the com- 
missioners of each county to levy the requisite taxes for 
the then ensuing year, the school board in each district shall 
certify to the county commissioners the number of mills per 
dollar which it is necessary to levy on the taxable property of 
the district, to raise a special fund for any of the purposes 
specified in section 51 of this chapter, and the county commis- 
sioners shall cause the same to be levied at the same time that 
other taxes are levied; and the amount of such special tax 
which shall be assessed to each taxpayer of such district shall 
be placed in a separate column of the tax book, which shall be 
headed "Special School Tax;" Provided, That a school board of 
a district of the third class shall not certify, as above, to a 
higher rate than fifteen mills per dollar. There shall also be 
a column in said tax book in which shall be designated the 
number of the school district in which the property is listed. 
This tax shall be collected in cash only, and placed to the' credit 
of the proper district as fast as collected, and the amount 
placed to the credit of each district shall be reported to the 
secretary of such district at the end of every month, and shall 
be subject to the order of the district board. It is hereby made 
the duty of the county assessor and county treasurer to so 
arrange their tax schedules and bpoks as to conform to the 
above provision; Provided, That the county assessor shall list 
all property, both real and personal, in the school district in 



46 SCHOOL LAWS OF 

wLich the same may be on the first day of May; And, provided, 
further, That the board of any district may order the levy of 
not to exceed one-tenth of one mill, the proceeds of which shall 
be used exclusively in the purchase of books for a library, j;o be 
open to the public, under such rules as the district board may 
deem needful for the proper care of the said library, 

[Section 51 above referred to is section 5925.] 

5896, Question of levy not to be reconsidered. 

It shall not be lawful for a district or district board to 
reconsider the question of the levy of a special tax after the 
same has been certified to the county commissioners, nor shall 
said commissioners be charged with any discretion in the matter 
of such levy further than to ascertain if the law. has been obeyed. 

SPECIAL FUNDS. 

5897. What fines paid to school fund — penalty for collector failing to pay. 

All fines, penalties and forfeitures provided by this act 
may be recovered by action of debt, in the name of the 
people of the state of Colorado, for the use of the proper school 
district or county, and shall, when they accrue, belong to the 
respective districts or counties in which the same maj have 
been incurred; and the county treasurers, for their counties, 
are hereby authorized to receive and cause to be placed to the 
proper credit such forfeitures. Except as otherwise provided 
by law, all sums of money derived from fines imposed for viola- 
tion of orders of injunction, mandamus and other like writs, 
or for contempt of court, shall be paid into the school fund of 
the county wherein the contempt or such violation was com- 
mitted; and the clear proceeds of all fines collected within the 
several counties of the state for breach of the penal laws, and 
all funds arising from the sale of lost goods and estrays shall 
be paid over in cash By the person collecting the same, within 
twenty (20) days after the collection, to the county treasurer 
of the county in which the same have accrued, and shall be by 
him credited to the general county school fund. He shall indi- 
cate in such entry the source from which such money was 
derived. Any officer or person collecting or receiving any such 
fines, forfeitures or other moneys, and refusing and failing to 
pay over the same, as required by law, shall forfeit double the 
amount so withheld and interest thereon at the rate of five (5) 
per cent, per month during the time of so withholding the 
same; and it shall be a special duty of the county superin- 
tendent of schools to supervise and see that the provisions of. 
this section are fully complied with, and report thereupon to 



THE STATE OF COLORADO. 47 

the county commissioners semi-annually or oftener, if required 
by them. 

[For fines, penalties and forfeitures, which are paid into school fund, see 
sections 50, 423, 440, 535, 961, 1004, 1352, 1362, 1794, 1877, 23S4, 3243, 4305, 4701, 4710, 4820, 
5510, 6369, 6380, 6422, 68S5 and 7012, R. S., 1908.] 

5898. General fund not to be used for building purposes. 

It shall be illegal for any school board to appropriate, 
or cause to be used, any money belonging to the general 
school fund, for the purpose of building, furnishing or erecting 
additions to any school house, or for the purchase or improve- 
ment of any school house, site or lot; Provided, That if any por- 
tion of the aforesaid school fund remains to the credit of any 
district after the payment of all expenses necessary to the 
support of a public school for a period of ten months in any 
one year in said district, it shall be lawful for the district board 
to use such balance for any other purpose provided for in sec- 
tion fifty-one of this chapter. 

[Section 51 referred to above is section 5925.] 

5898a. 

That all moneys to which the various counties of the state 
of Colorado are now or may hereafter become entitled under 
the act of congress of May 23, 1908, or other acts, in which 
counties a forest reserve, or any portion thereof is situated, 
shall at the beginning of each fiscal year and every six months 
thereafter be awarded and apportioned through the proper 
state officials of this state to such counties in proportion to the 
area of the forest reserve in each county; and such apportion- 
ment of said funds shall be determined by the state auditor, 
and the state auditor is authorized and directed to draw war- 
rants upon the state treasurer in favor of the county treasurer 
of each county for the amount due each county under the appor- 
tionment and made direct to the county treasurers of said coun- 
ties, and in accordance with the so-called agricultural appro- 
priation act of congress, approved May 23, 1908, and the county 
commissioners of said county shall direct the said fund to be 
credited as follows, to-wit: Not less than 5 per cent, of said 
sum shall be expended for either roads or school funds in the 
discretion of the board of county commissioners. [L. '09, 
p. 35, §1. 

DUTIES OF COUNTY TREASURER. 

5899. County treasurer certify school moneys collected — pay over — failure 

— penalty. 

The county treasurer shall, on or before the first day 
of January, April, July and October, of each year, certify 



48 SCHOOL LAWS OP 

the amount of said tax which shall have been collected, and 
the amount of any other county school money, then in the 
county treasury, to the county superintendent, and shall render 
him a statement of the amount uncollected. The amount 
unpaid shall be collected at any subsequent time, as delinquent 
taxes are collected, and shall be certified to the county super- 
intendent as aforesaid. Should the treasurer fail at any time 
to pay over the tax as herein provided, he shall forfeit the sum 
of one hundred (100) dollars, and double damages, to be col- 
lected on his official bond; suit to be brought by the county 
superintendent, for the benefit of his county. 

5900. Duties of county treasurer handling sciiool fund. 

It is hereby made the duty of the county treasurer in 
each county to keep a separate account with each school 
district in his county, to place to the credit of each the amount 
of money as certified to by the county superintendent, as pro- 
vided in section 19, and to pay over the money so collected, 
upon the presentation of the legally drawn warrants or orders 
of the district officers entitled to draw the same; Provided, 
That if the county superintendent shall notify the county treas- 
urer, in writing, that there has been a failure on the part of 
any board of directors to comply with the law, and that said 
money should be withheld from said board of directors, he shall 
retain the same until further notice from the county superin- 
tendent; on or before the fifth day of July in each year he shall 
render to the county superintendent of schools a statement of 
the receipts and disbursements on account of the several dis- 
tricts of all the school funds which have passed through his 
hands during the school year next preceding, and at the same 
time he shall render to each district secretary a statement of 
receipts and disbursements of such district. All money which 
shall become forfeited by any district shall be put into the gen- 
eral school fund and reapportioned as other moneys. 

[When treasurer shall pay school orders. Section 1326.] 

5901. Treasurer i<eep separate accounts — warrants. 

It shall be the duty of the county treasurer to open 
and keep separate accounts with each school district in 
his county, and hold the funds of each district, subject to the 
legal warrants of the president, as provided by section fifty- 
three of this chapter. If the legal warrant of any school dis- 
trict in this county be presented to the county treasurer when 
there are no funds in his hands to the credit of the district fund 
against which the warrant is drawn, he shall endorse such war- 



THE STATE OP COLORADO. 49 

rant ''No Funds," and said warrant shall draw interest from 
the- date of such endorsement at the same rate as county war- 
rants in like condition. The treasurer shall keep a list of all 
warrants so endorsed, and shall pay them whenever there is 
sufficient money to the credit of the proper fund, in the order 
of such endorsement. The interest on such warrants shall stop 
when the treasurer shall give notice that he has funds to pay 
the same; Provided^ It shall not be lawful for the officers of 
any district to issue warrants at any time in an amount in 
excess of the tax levy for the current year. 

[Section 53 above referred to is section 5934.] 

5902. Cancellation of paid school orders. ' 

That it shall be the duty of county treasurers to cancel all 
paid school orders, with a proper canceling stamp, showing 
the date of payment. 

5903. Report of county treasurer to school directors. 

That it shall be the duty of the county treasurers to render 
to the secretai?y of each board of school directors, quarterly, 
an itemized statement of account of their respective district, 
showing: 

(a) The number and amounts of all orders paid and charged 
against the accounts of the respective districts. 

(b) The amounts of money received and credited to the 
accounts of the respective districts. 

(c) The balance due said districts at the end of each 
quarter. 

5904. Receipt for and report on orders. 

That the said county treasurers shall enclose with each 
quarterly statement, a proper blank upon which the secre- 
tary of each respective board of directors may report to their 
county treasurer that said canceled orders and statements have 
been received and found correct. 

5905. Inspection of report. 

That it shall be the duty of each secretary of the boards 
of school directors to exhibit said quarterly report to the 
board at its first regular meeting after the receipt of said report 
for the inspection of said board and that the board shall examine 
said quarterly report and canceled orders and instruct the sec- 
retary to report the correctness, or incorrectness, if any be found, 
upon the blank furnished by the county treasurer. 



50 SCHOOL LAWS OP 

5906. Canceled orders preserved. 

That it shall be the duty of each secretary of the several 
boards of school directors, and their successors, to keep 
on file for a term of six (6) years, all quarterly reports and 
canceled orders received from, county treasurers, and at the end 
of said period to cancel by fire, all canceled orders, filing the 
quarterly reports for such period for future reference. 

' SCHOOL DISTRICTS. 

5907. Organizing new districts — petition — notice — unorganized territory. 

For the purpose of organizing a new district out of a 
portion of one or more old districts, the parents of at least 
ten children of school age residing within the limits of the pro- 
posed new district shall petition the county superintendent in 
writing, which petition shall describe the boundaries of the 
proposed district, and the names of all children of school age 
residing in such proposed district at the date of said petition; 
and said list of names shall be held to be the census list of said 
district until the next regular census shall be taken; and if any 
names are found on said list, and also on other census lists for 
the current year, if the county superintendent is satisfied that 
the children so named are bona fide residents of the proposed 
district he shall strike such names from the lists of the old 
districts, when the organization of the new district is complete. 
'If, in the judgment of the county superintendent, the school 
interests of the districts affected by the proposed change will be 
best promoted by said changje, he shall direct some one of the 
petitioners, who is a legal voter, to notify each elector residing 
within the districts so to be formed, by personal service as far 
as convenient, and to post a notice in three public places in said 
new district, that such petition has been made, and that a meet- 
ing will be held, naming the time and place of such meeting, to 
determine the question of the proposed organization. People 
living upon unorganized territory may organize themselves into 
a school district at any time, without a petition, if a majority 
of the local voters residing within the proposed district shall so 
decide at a meeting of which reasonable notice has been given 
to all resident voters, and which meeting shall be conducted as 
is now provided by law for the organization of new districts; 
Provided, That in addition to the copy of the proceedings now 
required by law, the secretary shall also transmit to the county 
superintendent a certified list of all children of school age who 
are residents in good faith in said district at the date of the 
organization, which list shall be held to be the census list of 
said district until the next regular school census. 



THE STATE OF COLORADO. 51 

5908. Organization of electors — vote to organize — proceedings— wlien dis- 

trict can not be divided. 

The qualified electors of such proposed new district, when 
assembled, in accordance with the notice above required, shall 
organize by electing a chairman and secretary. Every legally 
qualified elector, and none other, shall be entitled to vote 
at such meeting. After the organization of such meeting, as 
above mentioned, a vote shall be taken by ballot on the ques- 
tion whether or not the proposed district shall be organized. 
Those in favor of organization shall vote "Yes," and those op- 
posed "No." If two-thirds of the legal voters so voting are found 
to be in favor of such organization, and not otherwise, the meet- 
ing shall proceed to elect by ballot a board of directors of said 
district, who shall hold office until the ensuing regular election, 
as provided in section 44 of this act. The secretary of said meet- 
ing shall immediately transmit to the county superintendent a 
copy of the proceedings of the meeting, upon receipt of which, 
if the proceedings are found to have been in accordance with 
law, he shall establish and number such district and enter a 
record of the same, and of the proceedings of the meetings, as 
provided in section 24 of this act; Provided, If such organization 
of a new district works great hardship to any head of a family, 
a statement of the facts may be submitted to the superintendent 
and two disinterested persons, one to be named by the super- 
intendent and one by the person affected, and if, in their judg- 
ment, good cause be shown for the transfer, he may be trans- 
ferred to another district; Provided, further, That no district 
shall hereafter be divided for the purpose of forming a new 
district, unless it contains an area of more than nine square 
miles or has an assessed valuation of more than twenty thousand 
(20,000) dollars and forty children of school age, nor shall a 
district be divided if by so doing the remainder of the district 
shall be found to contain less than twenty persons of school age, 
and when practicable, the district shall conform to government 
lines; Provided, also, That no city or town shall hereafter be 
divided into two or more districts, nor shall the districts of the 
first class be divided, except upon a vote of the electors of the 
district, submitted at an annual election, a majority of all the 
votes cast being in favor of such division. 

[Sections 24 and 44 above referi'ed to are Sections 5885 and 5918.] 

5909. Uniting contiguous districts — vote — directors — annexing contiguous 

territory. 

Two or more contiguous districts may be united into one 
district. For the purpose of effecting such union, each dis- 
trict shall, at a special meeting legally called for the purpose. 



52 SCHOOL LAWS OF 

determine by ballot whether or not a majority of the legal voters 
assembled are in favor of such union. Those in favor will vote 
"Yes" and those opposed "No." If a majority of the voters pres- 
ent in each district vote in favor of a union, a union meeting shall 
be called by giving at least ten days' public notice, at which 
meeting the organization shall be perfected by the election of 
oflQcers and other necessary proceedings, in the same mannei' as 
provided for the organization of districts in section twenty-eight 
(28) of this chapter; Provided, That where a first-class district 
is joined in such union with a district, or districts, of a lower 
class, the board of directors of such first-class district shall be 
held to be the board of directors for the united district, and the 
members thereof shall be entitled to serve the unexpired portion 
of their respective terms as such directors of said united district -^ 
and the board or boards of directors of the lower class districts 
included in said united district shall cease and determine upon 
notice from the county superintendent of schools that such dis- 
tricts have been united under the provisions of this act. Upon 
receiving notice from the county superintendent of such union 
of districts, it shall be the duty of the county treasurer to trans- 
fer all funds belonging to said districts to the credit of the new 
district thus formed. A portion of unorganized territory may be 
annexed to a school district ; or a portion of one district may be 
detached from said district and annexed to a contiguous district, 
by the county superintendent, upon petition, in either case, of a 
majority of the legal voters resident within the territory to be so 
annexed, subject, always, to the limitation provided in section 
twenty-eight (28). 

[Section 28 above referred to is section 5908.] 
5910. When new district entitled to portion of scliool money. 

No new district formed, as provided in sections twenty- 
seven (27) and twenty-eight (28) of this chapter, shall be en- 
titled to any portion of the public school money until a school 
has actually commenced therein, and unless within six (6) months^ 
from the establishment of such district a school be opened and 
maintained as required by law, the action making such district 
shall be void and all actions had by such district, acting as a 
body corporate, shall cease and determine, and all taxes which 
may have been levied in the old district or districts out of which 
the new one was formed, shall be valid and binding upon the real 
and personal property of the new district, the same as if said new 
district had never been organized; Provided, That the county 
superintendent may, for good cause, extend the said six (6) 
months to eight (8) months; said time of limitations shall begin 
to run from the time of the meeting at which it was voted to 



THE STATE OF COLORADO. 53 

organize the district; whenever any district shall for the period 
of one year, fail to maintain a school and to keep up its organiza- 
tion of officers, and to make annual report as required by law, 
the county superintendent may declare such district annulled, 
and annex its' territory to adjoining district or districts. 

[Sections 27 and 28 above referred to are sections 5907 and 5908.] 

5911. Organization of joint districts. 

A joint school district may be formed from territory be- 
longing to two or more contiguous counties. For the purpose 
of organizing a joint district, the same preliminary steps 
shall be taken, and the same course pursued as is provided 
for the organization of other districts in sections twenty-seven 
(27) and twenty-eight (28). Such district shall be designated as 

"Joint District No of the Counties of and 

," and shall be so numbered that it shall 

have the same number in all the counties from which it is 
formed. The petition required by section twenty-seven (27) shall 
be made to each county superintendent interested, who shall 
unite in forming such districts; Provided, That the school census, 
the record of attendance at school, the assessing of property, 
the collection of taxes, and all other acts which from their nature 
should be separately kept or done, shall be kept and done, and 
the reports thereof made, as if each portion of said joint district 
belonging to each county were an entire district in the respective 
counties. The teachers of such joint district shall have a cer- 
tificate from the superintendent of the county in which the school 
house is located. No joint district shall be annulled except by 
the consent of the county superintendents of the counties in 
which such district is located; Provided, That when any joint 
district desires to be annulled for the purpose of forming sepa- 
rate districts, it shall require a majority vote of the voters con- 
stituting said joint district, at a meeting called for such purpose. 

[Sections 27 and 28 above referred to are sections 5907 and 5908.] 

5911a. Consolidation defined. ' 

For the purpose of this act the word "consolidation" is 
hereby defined as providing for the abolishment of certain ad- 
joining school districts and their organization into one special 
school district, and for the conveyance of pupils to one consol- 
idated school. [L. '09, p. 492, §1. 

5911b. Sciiool boards may submit question. 

The school boards of two or more adjoining school districts 
may submit the question of consolidation, and upon the petition 



54 SCHOOL LAWS OF 

of not less than one-fourth of the qualified electors of such 
school districts, must submit such question to a vote of the 
qualified electors of such districts. For the purpose of deter- 
mining the question, the secretary of the school board in each 
district affected shall, by giving legal notice, call a special meet- 
ing to be held at the usual place of holding school district elec- 
lions. The legally qualified electors when assembled in accord' 
ance with the notice above specified shall vote by ballot for or 
against such consolidation. Those in favor will vote ''For con- 
solidation" — Yes; those opposed, "For consolidation" — No. If 
at said election more votes are cast against the proposition for 
consolidation than for it the question shall not be again sub- 
mitted to the electors of said adjoining districts for a period of 
one year. [L. '09, p. 492, §2. 

5911c. Call meeting to organize district. 

If a majority of the electors vote in favor of consolidation 
it shall then be the duty of the school board in the district 
affected which has the largest school enumeration to call a union 
meeting by giving at least twenty days' public notice in each 
district affected, at which meeting the organization of the con- 
solidated district shall be perfected by the election of officers 
and other necessary procedure, \fter the organization of the 
union meeting is completed by the elec;tion of a chairman and 
secretary it shall proceed to elect, by ballot, a board of directors 
for such consolidated district, consisting of a president, a sec- 
retary and a treasurer, who shall be held to constitute the board 
of directors of such consolidated district until the next annual 
school election, at which election one president shall be elected 
for a term of three years, one secretary for two years and one 
treasurer for one year, and annually thereafter a person to fill 
the vacancy occurring. Provided, That when a district of the 
first class is joined with a district or districts of a lower class 
the board of directors of said first-class district shall be held to 
be the board of directors of the consolidated district and shall 
serve out the term for which they were elected. [L. '09, pp. 492, 
49.3, §3. 

591 Id. !f necessary erect buildings, etc. 

As soon as the organization for a special school district as 
herein contemplated shall have been perfected and its officers 
elected, it shall be the duty of the school board of such con- 
solidated school district, if necessary, to purchase a site and 
erect a suitable building thereon, and said school board is hereby 
required to maintain and support a graded course of instruction, 



THE STATE OF COLORADO. 55 

and may include a high school course of not less than two years, 
and are also required to furnish transportation to and from 
school to all pupils living one mile or more from the consolidated 
school or building, said distance to be measured from the en- 
closure immediately surrounding their residence to the school 
house property along the public highway; Provided^ That the 
person or persons employed for the purpose of transporting the 
pupils to and from school shall be required to give a reasonable 
bond for the faithful performance of duties as prescribed by the 
school board. [L. '09, p. 493, §4. 

5912. Division of funds in case of consolidation or division of districts. 

When a new district is formed from one or more old 
ones, the school funds remaining to the credit of the district, 
after providing for all outstanding debts, excepting debts in- 
curred for building and furnishing school houses, shall be divided 
as follows: The basis of division for the school fund shall be 
the school population, as shown by the last school census before 
the division of the district or districts occurred, and shall apply 
such funds as remain to the credit of said old district or districts 
at the time of the organization of said new district, and each 
district shall receive funds in proportion to its per cent, of the 
said census. In case of division, each district shall own and 
hold all permanent property, such as sites, school houses and 
furniture, situated within its boundaries. All division of funds 
under this provision shall be made by the county superintendent, 
and when there are unpaid special taxes on the county tax book, 
belonging to a district at the date of ■ its division, the county 
treasurer, upon being notified of such division by the county 
superintendent, shall retain all money received in payment of 
said special tax until the same shall be apportioned by the county 
superintendent, whose duty it shall be to apportion said money 
monthly, between the fractions of the divided district, according 
to the location of the property on which said tax was levied. 
At the first apportionment after the organization of a new dis- 
trict the county superintendent shall apportion to such district 
its per capita proportion of the general fund, but no money, 
either from the general or special fund, shall be paid out of the 
county treasury on account of such district until a school house 
shall have been begun therein in good faith. 

SCHOOL GOVERNMENT. 

5913. Scliool districts to be bodies corporate. 

Each regularly organized school district heretofore formed, 
or that may be formed, as provided in this chapter, is 



56 SCHOOL LAWS OF 

hereby declared to be a body corporate, by the name and style 

of "School District No , in the county of 

and state of Colorado," and in that name may hold property 
and be a party to suits and contracts, the same as municipal 
corporations in this state. 

5914. May hold real estate — eminent domain. 

It shall be lawful for any school district in this state 
to take and hold, under the provisions of any law now or 
hereafter in force providing for the exercise of the right of 
eminent domain, so much real estate as may be necessary for 
the location and construction of a school house and convenient 
use of the school; Provided, That the real estate so taken other- 
wise than by the consent of the owner thereof, shall not exceed 
in districts of the first class, three acres, if real estate be un- 
platted, and not exceeding one block if real estate be platted, 
and in districts of all other classes, not exceeding one acre. 

5915. Election of directors and officers. 

There shall be elected in each school district of this state, 
annually, and in the manner prescribed in section forty-four 
(44) of said chapter, a board of directors. The number of 
persons that shall -constitute each board of directors shall be 
determined as follows: The school districts shall be classified 
into first (1st), second (2nd), and third (3rd) classes. Districts 
containing a school population of more than one thousand (1,000) 
shall be denominated districts of the first (1st) class; districts 
containing a school population of three hundred and fifty (350), 
and not exceeding one thousand (1,000), shall be denominated 
districts of the second (2nd) class; and districts containing a 
school population of less than three hundred and fifty (350) shall 
be denominated districts of the third (3rd) class. At the regular 
election in 3887, as provided in section forty-four (44) of said 
chapter, all districts of the first (1st) class shall elect by ballot 
one (1) director for three (3) years, and at the regular election in 
1888, one (1) director for three (3) years and one (1) director for 
four (4) years; and at the regular election in 1889 one (1) director 
for four (4) years and one director for five (5) years ; and annually 
thereafter there shall be elected one (1) director for five (5) years. 
All districts of the second and third classes shall elect one (1) 
president for three (3) years, one secretary for two (2) years, and 
one (1) treasurer for one (1) year; and annually thereafter there 
shall be elected for three (3) years a person to fill the vacancy 
occurring; Provided, That this shall not apply to districts of the 
second and third classes already organized. School boards of the 



THE STATE OF COLORADO. ' 57 

first class shall, at their first meeting after their election, elect 
a president, who shall be a member of the board; a secretary, 
who may or may not be a member of the board, and a treasurer, 
who shall not be a member of the board, and who shall hold 
office for one year, and until their successors are elected and 
qualified. In districts of the first and second classes, the boards, 
after organization, shall exercise all the power given the electors 
of districts of the third class, as specified in section sixty-three 
(63) of said chapter. 

[Sections 44 and 63 above referred to are sections 5918 and 5955.] 

5916. Legal school districts — when second class districts become first 

class. 

Every school district in the state, which now exer- 
cises the prerogatives of a school district, and the legality of 
whose organization has not been legally denied, and which has 
a board of directors, duly qualified according to law, and has 
exercised the rights and enjoyed the privileges of a legally and 
regularly established district for oue year, shall be, and . is 
hereby declared to be a legal school district; and all district 
officers shall hold office until their successors are qualified. 
When school districts of the second (2nd) class shall attain a 
school population of one thousand (1,000) or more, as showix by 
the annual census, at the next regular election thereafter, as 
provided in section forty-four (44) of this act, there shall be 
elected one (1) director for three (3) years, one (1) director for 
four (4) years, and one (1) director for five (5) years, and 
annually thereafter one (1) director for five (5) years as pro- 
vided for in districts of the first (1st) class; and the persons so 
elected, together with the directors whose official terms have not 
expired, shall constitute the new board, which board shall enter 
upon the duties prescribed by law for boards of directors of dis- 
tricts of the first (1st) class. 

[Section 44 referred to is section 5918.] 

5917. Legal districts, what constitutes. 

All school districts now formed or which may here- 
after be formed, which shall continue to exercise, undisputed, 
the prerogatives, and enjoy the privileges, of a legally formed 
district, for the period of one year next succeeding the election 
of its officers, shall be deemed to be a legally formed district, 
and its legality shall not thereafter be questioned. 



58 SCHOOL LAWS OF 

ELECTIONS. 

5918. Election of school board — notice — ballots — precincts. 

The regular election for electing members of school 
boards shall be held annually in each district on the first Mon- 
day in May, at which time it shall be lawful to transact any 
business pertaining to schools and school interests. The secre- 
tary of each school board shall cause written or printed notices 
to be posted, specifying tl^e day and the place or places of such 
election, and the time during which the ballot-box or boxes shall 
be kept open, not less, however, than three hours, and further 
specifying at what hour and place any other business shall be 
transacted. Said notices shall be posted in at least three public 
places in the district, one of which shall be the school house, if 
there be one, at least six days previous to the time of election; 
and in districts of the first class said notice shall be published 
weekly for the four weeks next preceding such election, in some 
newspaper published in the district, and if there be no paper 
published in such district, then in a paper published in an 
adjoining district. If the secretary fail to give such notice, then 
any two (2) legal voters residing in the district may give such 
notice over their own names, and such election may be held after 
the day fixed by this act for such election. All elections shall 
be by ballot, and in the absence of a notice specifying the hour, 
the ballot-box shall be opened at nine (9) o'clock a. m., and 
closed at four (4) p. m. In districts of the first class, the school 
boards may order more than one voting place in the district, fix 
the voting places and the limits of the voting precincts and 
appoint three (3) judges and necessary clerks for each voting 
place, in addition to those provided for in section 45. 

[Section 45 above referred to is section 5919.] 

5919. Qualification of voter — candidates — ballot — challenge — judges — 

qualifications of voter to contract debt. 

Every elector, legally qualified to vote at a general 
election, having been a resident of the school district for thirty 
(30) days next preceding the day of election shall be entitled to 
vote; Provided, That no person shall be denied the right to 
vote at an}' school district election or to hold any school district 
office on account of sex; Provided, further, That in districts of 
the first (1st) and second (2nd) class, any person who may 
desire to be a candidate for the office of school director, shall file 
a written notice of such intention with the secretary of the 
school district in which he resides at least eight (8) days prior 
to the day of the holding of the annual election for school direct- 
ors, and the secretary of said school district shall for five (5) 



THE STATE OF COLORADO. 59 

consecutive days preceding the day of said election, publish in 
some daily paper or when no daily paper is published in such 
district, then by posting printed or written notices in not less 
than five (5) public places in such district, the names of all can- 
didates who shall have so filed notice of such intention ; and the 
said secretary shall also have printed or written ballots pre- 
pared, bearing the names of all candidates who have certified 
such intention of being candidates, as aforesaid, printed or writ- 
ten thereon, and no person other than those whose names appear 
upon the ballot, so prepared, shall be voted for. Any person, 
offering to vote may be challenged by any legally qualified elector 
of the district, and any one of the judges of election shall there- 
upon administer the person challenged an oath as follows : "You 
do swear (or affirm) that you are a citizen of the United States, 
or that you have declared your intention to become such; that 
you have resided in this state of Colorado six (6) months imme- 
diately preceding this election; that you are twenty-one (21) 
years of age; that you have resided in this district thirty (30) 
days next preceding this election; and that you have not voted 
at this election. So help you God (or under the pains and pen- 
alties of perjury.)" If he shall refuse to take such oath or 
affirmation, his vote shall be rejected. Any person guilty of vot- 
ing illegally, shall be punished as provided in the general election 
laws of this state. The president, secretary and treasurer of 
the district school board shall act as judges of the election, except 
as otherwise provided in section forty -four (44) and should any 
of the judges be absent at the opening of the polls, the electors 
present shall appoint a legal voter to fill the vacancy ; Provided, 
however, That at all elections held for voting upon a proposition 
to create or contract a debt by loan for the purpose of erecting 
or furnishing school buildings, or purchasing school grounds, 
only such qualified electors of the district shall vote thereat as 
shall have paid a school tax in such district for the year next 
pi:'eceding such election. 

[Section 44 above referred to is section 5918.] 

5920. Counting votes — return — special election. 

Immediately after the closing of the polls, the judges 
shall meet at one of the voting places as shall have . been 
previously designated by the school board, and shall proceed to 
count the votes and the person or persons qualified to be elected 
who shall receive the largest number of votes, shall be declared 
elected, and a report of the said election signed by the judges 
shall be transmitted to the school board. If, for any cause, no 
election be held at the regular time, or if, upon counting the 
votes, there be a tie vote for any one or more of the officers, a 



60 . SCHOOL LAWS OP 

special election shall be called by the board within ten (10) days, 
and notice thereof given, as required in section 44 of this act. A 
failure to give the prescribed notice of such special election shall 
render the election void. 

[Section 44 above referred to is section 5918.] 
5921. 

The general provisions of sections 44, 45 and 46 shall 
be applicable to all school elections, whether general or 
special, or for whatever purpose held, except elections on the 
question of creating or refunding a bonded indebtedness. [L. '09, 
p. 498, §12. 

[Sections 44. 45 and 46 above referred to are sections 5918, 5919 and 5920.] 

POWERS AND DUTIES OF OFFICERS AND DIRECTORS. 

5922. Directors qualify — vacancy — treasurer's bond and report. 

The directors shall each, within twenty (20) days 
after his or her election, appear before some officer authorized to 
administer oaths, and take oath that he or she will faithfully 
perform the duties of his or her office required by law, which oath 
shall be filed Avith the county superintendent; and in case of 
failure so to qualify, his or her office shall be deemed vacant, and 
the county superintendent shall appoint a suitable person, who 
shall qualify immediately. If the amount of money liable to 
come into the hands of the treasurer, in the discharge of his offi- 
cial duties, exceed twenty dollars at any one time, he shall be 
required to give bond in double the amount of money liable to 
come into his hands, said bond to be approved by and filed with 
the county superintendent. The directors elect shall take office 
immediately after qualifying, as aforesaid; Provided^ That any 
district treasurer who shall refuse to give bond as above, when 
required to do so by the other members of the board, shall be 
disqualified from receiving any money on district account until 
a satisfactory bond is executed. The oath of office required in 
this section may be administered by a president of a school 
board, and it is hereby made the duty of a district treashrer of 
all first-class districts to publish, semi-annually, in some news- 
paper published within the county wherein such district may be 
located, a complete and full report of all receipts and expendi- 
tures of the said district's funds. 

5923. Regular meetings of board. 

The regular meeting of each board shall be held on 
the last Saturday of March, June, September and December. 
The board may, however, hold such other regular, special or 



THE STATE OF COLORADO. 01 

adjourned meetings as they may from time to time determine, 
or as may be specified in their by-laws. 

5924. May make by-laws — fill vacancy, when. 

Any school board shall have power to make such by- 
laAYS for their own government and for the government of the 
public schools under their charge, as they may deem expedient, 
not inconsistent with the provisions of this act, or the instruc- 
tions of the superintendent of public instruction. District boards 
of the first class shall also have power to fill any vacancy which 
may occur in the board until the regular election, at which time 
the vacancy shall be filled for the unexpired term. 

5925. Powers of school board. 

Every school board, unless otherwise especially provided by 
law, shall have power, and it shall be their duty : 

First — To employ or discharge teachers, mechanics and 
laborers, and to fix and order paid their wages; to determine 
the rate of tuition for non-resident pupils, and to fix the compen- 
sation to be allowed the secretary for the time necessarily spent 
in the service of the district, as required by law, or as directed 
by the board; Provided, It shall be unlawful to pay any other 
member of the board from the district funds for his services as 
a member of such board. 

^Second — To enforce the rules and general regulations of the 
state superintendent, to fix the course of study, the exercises and 
the kind of text books to be used ; Provided, That but one kind of 
text book of the same grade or branch of study shall be used in 
the same department of a school, and that after the adoption of 
any book, it shall not be changed in less than four years, unless 
the price thereof shall be unwarrantably advanced, or the me- 
chanical quality lowered, or the supply stopped. 

Third — To provide for school furniture, and for everything 
needed in the school house, or for the use of the school board.. 

Fourth — To rent, repair and insure school houses. 

Fifth — To build or remove school houses, and to purchase 
or sell school lots, when directed by a vote of the district so to do. 

Sixth — To hold in trust for their district all real or personal 
property for the benefit of the school thereof. 

Seventh — To suspend or expel pupils from school, who refuse 
to obey the rules thereof, and to exclude from school, children 
under six years of age. 

Eighth — To determine the number of teachers that shall be 
employed, and length of time over and above three (3) months 
that the schools will be kept; to fix the time for the opening or 



62 SCHOOL LAWS OF 

closing of schools, and for the dismissal of primaiy pupils before 
the regular time for closing the schools. 

Ninth — To provide books for indigent children on the writ- 
ten statement of the teachers that the parents of such children 
are not able to pvirchase them, and to furnish free text books 
for the use of all pupils, when authorized to do so by a majority 
vote of the district as expressed at any regular or special meet- 
ing. 

TentJir—To require all pupils- to be furnished Avith the proper 
and suitable books as a condition of membership in school. 

Eleventh — To exclude from school and school libraries, all 
books, tracts, papers and other publications of an immoral or 
pernicious tendency. 

Twelfth — To require teachers to conform to the law. 

Thirteenth — To make an annual report as required by law, 
to the county superintendent, on or before the first day of August 
of each year, in the manner and form, and on the blanks pre- 
scribed and furnished by the superintendent of public instruc- 
tion. 

Fourteenth — To make a report directly to the state superin- 
tendent whenever instructed by him so to do. 

Fifteenth — Whenever a pupil resides remotely from the 
school house in his district, and where a school house is more 
accessible in an adjoining district or county, such pupil shall 
be permitted to attend that school which is the most accessible, 
and be granted the same privileges as a resident of that district. 
Provided, The board may refuse to admit pupils from other dis- 
tricts upon the ground of insufficient room. In such case, the 
directors of the district wherein the said pupil resides shall pay 
a reasonable tuition to the district wherein the school is the 
most accessible, which said tuition shall be agreed upon by the 
two school boards affected; Provided;, however, If they do not 
agree, the county superintendent or superintendents of the 
county or counties in which such district or districts so affected 
are located shall settle the price of tuition. In case said two 
superintendents can not agree on the tuition to be paid, then 
the state superintendent of public instruction shall fix the sura 
of said tuition. Provided, further, That whenever any pupil 
outside a high school district desires to attend a high school 
within the county where such pupil resides, and such pupil shall 
possess the necessary qualifications for admittance thereto, the 
necessary tuition fees charged for the attendance of such pupil 
by said high school shall be paid by the school district in which 
such pupil resides, not exceeding |2.50 per month. [L. '09, p. 
8. 

[State board of health may prescribe text book on hygiene. Section 5010.] 



THE STATE OF COLORADO. 63 

5926. Board in first or second class districts may establish high school. 

The school board of districts of the first and second 
classes shall have the power to establish a separate high school 
whenever the}» shall deem it expedient or necessarj^ and shall 
have power to determine the qualifications for admission to such 
school, and shall exercise all the powers with reference to such 
high school which are accorded to them in relation to the 
schools of loAver grade; Provided, That no school board shall 
build or lease any building especially for such high school, unless 
authorized to do so by a vote of the district, as provided in sec- 
tion sixty-two (62) of this act. 

[Section 62 above referred to is section 5955.] 

[Board in first and second class districts shall appoint truant officers. Section 
,534.] ^ 

5927. School board establish free kindergartens. 

The school board of any school district in the state 
shall have power to establish and maintain free kindergartens 
in connection Tvith the public schools of said, district, for the 
instruction of children between three and six years of age, resid- 
ing in said district, and shall establish such courses of training, 
study and discipline, and such rules and regulations governing 
such preparatory or kindergarten schools as said board may deem 
best. Provided, That nothing in this act shall be construed to 
change the law relating to the taking of the census of the school 
population, or the apportionment of state and county school 
funds among the several counties and districts in this state. 
Provided, further, That the cost of establishing and maintaining 
such kindergartens shall be paid from the special school fund of 
said districts, and the said kindergartens shall be a part of the 
public school system, and governed as far as practicable in the 
same manner and by the same officers as is now, or hereafter may 
be provided by law for the government of the other public schools 
of this state. Provided, further, That teachers of kindergarten 
schools shall have a diploma from some reputable kindergarten 
teachers' institute, or pass such examination on kindergarten 
work as the kindergarten department of the state normal school 
may direct. 

5928. Board may purchase flag and erect pole. 

The school directors of the several school districts in 
this state may purchase or cause to be purchased a suitable 
American flag of standard bunting, not less than eight by twelve 
(8x12) feet in size, and they may erect and maintain or cause to 
be erected and maintained upon each public school building or 
the grounds belonging thereto, a suitable flagstaff with the neces- 

/ 



64 SCHOOL LAWS OF 

sary appliances for displaying said flags, and may cause said flag 
10 be displayed upon said staff upon all national and state hol- 
idays, the first and last days of each school term, and such other 
occasions as such school directors shall prescribe. 

5929. American flag may be displayed in each department. 

Every school within this state may have placed and 
kept in a conspicuous position in each department thereof at 
least one American flag of standard bunting, not less than three 
by five (3x5) feet in size. 

5930. Expense of flags and poles, how paid. 

It shall be lawful for the school directors of each 
school district in this state to pay for said flags and staffs and 
to provide for the proper care and maintenance of the same, from 
any special school funds which they may have in their hands or 
which may be subject to their order, or to include the expense 
thereof in the next annual estimate for school expenses, or in any 
tax levy for school purposes; and the expense thereof 
for any public school shall be met by said directors or other offi- 
cers charged with the duty of raising or appropriating any money 
for school purposes as any other necessary expenses or expendi- 
tures for school purposes are raised. 

5931. Act shall apply to all state institutions. 

This act shall be held to apply to all institutions directly or 
indirectly under the control of the state of Colorado or any of 
its officers, and it shall be the duty of such officer or officers to 
see that this act is complied with. 

5932. Penalty for destruction of flag. 

Any person who shall wilfully injure, deface or destroy any 
flag, flagstaff, or other materials placed in any room or build- 
ing, or upon any building or school grounds for the carrying out 
of this act, shall be deemed guilty of a misdemeanor and pun- 
ished accordingly. 

i 

5933. Act published with school law. 

It shall be the duty of the superintendent of public instruc- 
tion to publish this act in connection with the school law of this 
state. 



THE STATE OF COLORADO. 65 

DUTIES OF OFFICERS. 

5934. President sign orders — appear in suits — absence — vagancy. 

The president, when present, shall preside at all meet- 
ings of the boiard and of the district; shall sign all orders on 
the count}' treasurer for the payment of money; Provided, That 
no orders shall be drawn upon the county treasurer except in 
favor of parties to whom the district has become lawfully in- 
debted. He shall appear in behalf of his district in all suits 
brought hj or against the same, but when he is individually in- 
terested this duty shall be performed by the secretary, and in the 
absence of the president the secretary shall preside at board and 
district meetings. Absence from the district of any school offi- 
cer, when prolonged beyond thirty consecutive days, may be held 
to work a vacancy in said office, which may be filled according to 
law. 

5935. Secretary of board — bond — duties. 

Before entering upon the duties of his office, the 
secretary shall execute a bond, with two sureties, in the penal 
sum of five hundred (500) dollars in districts of the first and 
second classes, and the penal sum of one hundred (100) dollars 
in districts of the third class, conditioned upon the faithful dis- 
charge of his official duties and the delivery of all district prop- 
erty pertaining to his office over to his successor, ^ithin ten days 
after a demand is made for the same by a qualified successor, 
said bond to be approved by and filed with the county superin- 
tendent. The secretary shall record all proceedings of the board 
and of district meetings in a book, or books, kept for that pur- 
pose; shall preserve copies of all reports made to the state or 
county superintendents; shall file all papers transmitted to him 
by other school officers pertaining to the business of the district ; 
shall draw and countersign all warrants or orders issued by the 
board ; shall keep a register or stub of all orders drawn, showing 
the number of the order, date, amount, in whose favor and for 
what purpose drawn. Immediately after the election of one or 
more directors according to law, he shall transmit to the county 
superintendent a statement giving the name and postoffice 
address of the president, secretary and treasurer, respectively, of 
the boards of directors. BetAveen the tenth day of April and the 
first day of May, in each year, the secretary, or some person, 
authorized by him, shall take a census of all persons over six 
years and under twenty-one years of age who were bona fide res- 
idents of the district on the tenth day of April aforesaid. The 
names so listed shall be arranged alphabetically, and be so classi- 
fied as to distinguish between male and female. The census list 



66 SCHOOL LAWS OF 

shall be sworn to as correct by the person taking the same, and, 
if such person be other than the secretary, shall be certified by 
the secretary, and shall be forwarded to the county superintend- 
ent on or before the first day of June of the current school year. 
In districts of first and second classes a copy shall be delivered 
to the principal teacher, or superintendent of the district, and in 
all cases a copy shall be retained in the office of the secretary, 

5936.' Duties of secretary. 

The secretary shall keep an accurate account of the 
expenses incurred by the district, and shall present the same to 
the board whenever called upon. He shall give the required 
notice of all regular and special meetings, as herein authorized. 
On or before the first day of August of each j'^ear, he shall make 
out and file in the office of the county superintendent, a report 
of the affairs of his district. Said report shall be made upon 
blanks prepared by the superintendent of public instruction, 
containing such items of information as the said superintendent 
shall require, including the following, to-wit: 

First — -The number of persons, male and female, each, in his 
district, between the ages of six (6) and twenty-one (21) years. 

Second — The number of schools, and the branches taught in 
each. 

Third — The number of pupils in each school. 

Fourth — The number of teachers employed in each school, 
and the compensation of each per month. 

Fifth — The number of days the school was taught during the 
year then past, and by whom. 

Sixth — The number of pupils enrolled during the year; the 
average daily attendance. 

Seventh — The average cost of school per month for each 
pupil, based upon the total enrollment, and also the average cost 
based upon the average daily attendance. In estimating these 
averages, the secretary shall take account of teacher's wages, all 
current expenses, and six per cent, interest upon a fair valuation 
of all property belonging to the district. 

Eighth — Text books used in each school. 

Ninth — The number of volumes in the library of each school. 

Tenth — The aggregate amount paid teachers during the year, 
and the average monthly pay of teachers. 

Eleventh — The number of public school houses, and the esti- 
mated value of each. 

Ttoelfth — The amount raised by tax in the district during 
the year for school library. 

Thirteenth — The amount raised by subscription, or by other 
than by tax. 



THE STATE OP COLORADO, 67 

Fourteenth — The amount of special tax levied for the sup- 
port of schools, and for buildings, sites and furniture. 

Fifteenth — The amount of money on hand at the beginning 
of the year then past. 

Sixteenth — The amount of money received from all other 
sources than those herein specified. 

Should the secretary fail to file his report, as above directed, 
he shall forfeit the sum of one hundred (100) dollars, and shall 
make good all loss resulting to the district from such failure. 

5937. Financial statement of district. 

The secretarj^ shall render a statement of the condition of 
the finances, as shown by the books, at any time when required 
b}^ the school board, and his books shall always be open for in- 
spection. 

5938. Failure to file report and census — effect — remedy. 

Whenever a district secretary , fails to file his annual 
report and census list with the county superintendent, 
according to law, thereby rendering it impossible for the said 
superintendent to apportion to such district any part of the 
general fund for the ensuing j^ear, if it can be shown to the satis 
faction of the superintendent of public instruction that such 
report and census list were prepared and reasonable diligence 
used to place the same in the hands of the county superintendent, 
and that such report and census list failed to reach said super- 
intendent by reason of some accident or extraordinary occur- 
rence; and if it be further shown that a public school was 
maintained in such district for not less than the minimum time 
required by the state constitution; and if it be also shown that 
duplicates of the missing papers have been placed in the hands 
of the county superintendent, or in his office, then the super- 
intendent of public instruction shall direct the county superin- 
tendent to apportion to such district its per capita share of the 
general fund, distributed during the remainder of the year, as 
provided in section seventj'^-two. 

[Section 72 above referred to is section 5890.] 

5939. Superintendent revise census lists — mute and blind. 

The census list of the several districts shall be carefully 
examined and cpmpared by the county superintendent, 
and if the name of the same person be found upon more than one 
list, he shall strike said name from all lists except that of the 
district in which such person was residing in good faith on the 
tenth day of April aforesaid. The residence of an unmarried 



68 SCHOOL LAWS OF 

person of school age shall, in all cases, be held to be identical 
with the bona fide residence of the parent or guardian of such 
person, providing that such parent or guardian be a resident of 
the state. If the countj^ superintendent find upon any census 
list the names of any persons whom he believes were not residents 
in good faith of such district as aforesaid, he shall notify the 
secretary certifying the list, and if said secretary shall not 
establish the correctness of the list within fifteen (15) days after 
such notification, such names shall be stricken from the list. 
At the time of taking the annual census, the secretary shall use 
reasonable diligence to ascertain the number of blind and deaf 
mute persons, resident in the district, between the ages of four 
(4) and twenty-two (22) years, with the name and postofQce 
address of each. Said items shall be embodied in his annual 
report to the county superintendent. 

[See also section 4334.] 

5940. Duties of treasurer of board. 

It shall be the duty of the treasurer to countersign all 
warrants drawn by the president and secretary on the county 
treasurer, in favor of parties to whom the district has become 
lawfully indebted, and to keep an account of the same. He 
shall take charge of all moneys received by him on account of 
the district from the county treasurer, as provided in sections 
ninety-one and ninety-two of this act, and pay out the same as 
therein provided. He shall render a statement of the finances 
of the district, as shown by the records of his office at the close 
of each school year, and at any other time when required by the 
board. For a failure to perform any of the duties of his office 
when directed by the board, or for refusing or neglecting to 
deliver to his legally qualified successor all money, books or 
other district property in his possession or care, within ten days 
after the same shall have been demanded by such successor, he 
shall be liable on his bond, and shall make good any loss result- 
ing to the district from such failure or neglect. 

[Section 91 repealed and 92 is 5946.] 

5941. Delinquent officers — penalties. 

No superintendent or district officer shall receive any 
compensation who has neglected or refused to perform any 
duty required by law, and any district officer so neglecting or 
refusing, when specially directed by a majority of the district 
board, shall be deemed guilty of a misdemeanor; and it shall 
be deemed a violation of law for any person to draw or sign a 
warrant for the payment of such delinquent officer, and any 
person so signing a warrant shall be liable in double the amount 
of such warrant. 



THE STATE OF COLORADO. G9 

DISTRICT BONDS. 

5942. Contracting of bonded indebtedness. 

The boarql of directors of any school district may subrait 
at any regular or special election called for the purpose, to such 
qualified electors of the district as shall have paid a school tax 
therein in the year next preceding such election, the question 
of contracting a bonded indebtedness for the purpose of erecting 
and furnishing school buildings or purchasing ground, or for 
funding floating debts. [L. '09, p. 494, §1. 

5943. Amount of bonded indebtedness. 

The amount of the bonded indebtedness proposed to be con- 
tracted shall, prior to such submission to said electors, be deter- 
mined b}^ said board of directors, but in no event shall the 
aggregate amount of bonded indebtedness of any school district 
of the first or second class exceed five per centum, or of any 
school district of the third class three, and one-half per centum, 
, of the assessed value of the property in such district for the 
year next preceding the date of said bonds. [L. '09, p 494, §2. 

5944. Notices posted. 

Notices of said election shall be posted in at least three 
public places in the district, and at each polling place at least 
twenty days before said election, and, if a newspaper is pub- 
lished in said district, said notice shall also be published therein 
once a week for four consecutive weeks next preceding such 
election. Said notice shall specify the purpose of said election, 
the date and the voting place or places, and the time during 
which the ballot box or boxes shall be kept open, not less, how- 
ever, than three hours. [L. '09, p. 495, §3. 

5945. Number of voting places. 

In districts of the first class the school board may order 
more than one voting place in the district, fix the voting places 
and the limits of the voting precincts. 

The president, secretary and treasurer of the district school 
board may act as judges of the election or said board may 
appoint thi'ee judges and the necessary clerks for each election 
precinct in said district, and should any of the judges be absent 
at the opening of the polls, the electors present shall appoint 
a legal voter to fill the vacancy. [L. '09, p. 495, §4. 
5945a. Form of ballot. 

Each elector voting at said election shall deposit in the 
ballot box a ballot whereon shall be printed or written the 



70 SCHOOL LAWS OP 

words: "For the bonds" and the words ''Against the bonds," 
and shall indicate his approval or disapproval of the proposition 
submitted by placing a cross (X) opposite the group of words 
on his ballot which expresses his choice. [L. '09, p. 495, §5. 

5945b. Any person may be challenged. 

Any person offering to vote at said election may be chal- 
lenged by any legally qualified elector of the district, and any 
one of the judges of election shall thereupon administer to the 
person challenged an oath, as follows: 

"You do swear (or affirm) that you are a citizen of the United 
States; that you have resided in the state of Colorado twelve 
months immediately preceding this election; that you are twenty- 
one years of age; that you have resided in this district thirty 
days next preceding this election and that you have paid a 
school tax within this school district in the year next preceding 
this election; and that you have not voted at this election, so 
help you God (or under the pains and penalties of perjury.)" 

If he shall refuse to take such oath or affirmation his vote 
shall be rejected. The judges may, however, reject the vote 
of any person offering to vote if in their judgment said voter is 
not qualified according to law, whether said voter takes said 
oath or not. (L. '09, p. 495, §6. 

5945c. Returns certified. 

Immediately after the close of the polls the judges in each 
voting precinct shall open the ballot box and count the ballots, 
and promptly thereafter certify the result to the board of direct- 
ors of the district. Said board shall, promptly after receiving 
said returns, open them, canvass the vote and determine the 
result of the election, and said determination shall be entered 
in the minutes of the meeting of said board. [L. '09, p. 496, §7. 

5945d. Coupon bonds issued, interest — Payable, etc. 

If it shall appear that a majority of all the votes cast are 
"For the bonds" the board of directors, as soon as practicable, 
shall issue coupon bonds of the district in denominations of 
flOO, 1500 or $1,000, or all or either of such denominations, or 
any combination of said denominations, as circumst-ances may 
require, bearing interest at not exceeding eight per cent, per 
annum in districts of the third class, and not exceeding six per 
cent, per annum in districts of the first and second classes, pay- 
able semi-annually, and redeemable at the pleasure of the dis- 
trict at any time after a date to be fixed by said board not less 
than ten or more than twenty years after date, and payable at 



THE ST.\TE OF COLORADO. 71 

n date to be fixed by said board not less than twenty nor more 
than forty years from date, the principal and interest payable 
at the office of the treasurer of the county in which said district 
or the greater part thereof may be situated, and said board also 
njay make eitiier the principal or interest, or both, payable at 
some banking house in either the cities of New York or Boston 
or Chicago, at the option of the holder. [L, '09, p. 496, §8. 

5945e. Bonds negotiable. 

The bonds issued under the provisions of this act shall be 
payable to bearer. The board of directors of the district is 
authorized to prescribe the form of such bonds and the coupons 
thereto. Said bonds shall recite the title of the act under which 
they are issued, shall be signed by the president of the board 
of directors, countersigned by the county treasurer, and bear 
the seal of the district, and the coupons thereto annexed shall 
be signed by the president of the school board, by original or 
engraved signature. [L. '09, p. 496, §9. 

5945f. County commissioners assess tax, etc. 

Whenever any school district shall issue bonds under the 
provisions of this act, it shall be the duty of the board of county 
commissioners of the county in which said district may be situ- 
ated to levy and assess a tax on the taxable property of said 
district in amount sufficient to pay the interest coupons, when 
the same shall become due, according to their tenor and effect, 
and the county treasurer shall collect the same as other taxes 
are collected, in cash only, keeping the same separate from 
other funds received by him; and if there shall be any surplus 
after paying the coupons and the expense of collecting such tax, 
the treasurer shall, without delay, pass the same to the credit 
of such school district, and such fund so passed to the credit 
of the .district shall be subject to the disposal of the board of 
directors. In the calendar year next preceding the date fixed 
by said board after which said bonds are redeemable and 
annually thereafter, until the full payment of said bonds, the 
said board of county commissioners shall ijrovide by taxation 
and shall collect such a per centum of the principal of said bonds 
as will, in equaL annual installments, be sufficient to redeem 
all of said bonds by the time they mature; which amount shall 
be assessed and collected the same as the tax for the payment 
of the interest coupons, and when collected shall be turned over 
to the treasurer of such school district, such money to be used 
only in the payment of such bonds in their numerical order, 
beginning with bond number one, in the manner as follows: 



72 SCHOOL LAWS OF 

The treasurer of such school district, immediately after receiving 
the money as aforesaid, shall advertise in some newspaper pub- 
lished in his county, if there be any, and if not, in the newspaper 
published nearest the county seat of said county, once a week 
for four consecutive weeks, that, on a certain day named in the 
advertisement, he will pay certain of the district bonds, said 
bonds to be described in the advertisement by .number and 
amount and date of issue, and the advertisement shall further 
state that after the day so fixed for payment the interest on 
the bonds described as aforesaid shall cease and determine. 
And after the day of payment fixed in said published notice the 
bonds so called shall cease to draw interest. The said payment 
shall be made at the olfice and in the presence of the treasurer 
of the county, who shall cancel the bonds redeemed, and a 
minute of such cancellation shall be made on the books of the 
county treasurer, after which they shall be at the disposal of 
the district board. [L. '09, p. 496, §10. 

5945g. Records of boards of directors — Bonds to be registered. 

Whenever the board of directors of any school district shall 
issue bonds under the provisions of this act, they shall enter 
in and upon the records of such board an order requesting the 
state auditor to register the bonds in a book to be kept by him 
for that purpose, and when so registered the legality thereof 
shall not be open to contest by such district or any person or 
corporation on behalf of such district for any reason whatever; 
and a certified copy of the order of the board so made and 
entered of record shall be furnished the state auditor by said 
board of directors and thereupon it shall be his duty to register 
said bonds, noting the name of the district and the amount, date 
of issuance and maturity and rate of interest of said bonds, and 
he shall receive a fee of ten cents for registering each bond. 
[L. '09, p. 497, §11. 

5945h. Districts in city under special charter. 

In all school districts which lie entirely within the exterior 
boundaries of any city operating under a special charter adopted 
under the provisions of article XX, of the constitution, no person 
shall be permitted to vote at any election called under the pro- 
visions of this act unless such person shall first have been 
registered as hereinafter provided. [L. '09, p. 498, §13. 

5945i. No new registration required. 

For all such elections in the districts mentioned in section 
13 no new registration shall be required, except as hereinafter 



THE STATE OF COLORADO, 73 

provided, but any qualified elector of any such district whose 
name is on the registration books used at the then last pre- 
ceding general election, whether county or municipal, and who 
resides within the district and still resides at the place desig- 
nated in his said registration, shall be deemed properly regis- 
tered for any such registration; and additional registration and 
changes in registration may be made as hereinafter provided. 
[L. '09, p. 498, §14. 

5945J. Registration books furnished by county clerk.' 

On the fourteenth day preceding any such election to be 
held, the county clerk of the proper county shall deliver to the 
registration committee of each election precinct the original 
book of registration for that precinct as prepared and completed 
for the then next preceding general election, whether county or 
municipal, and on the tenth day preceding the election thus to 
be held, or if that day be a legal holiday or a Sunday, then on 
the succeeding day, the registration cojnmittee for each precinct 
shall sit from nine o'clock a. m. until nine o'clock p. m., at some 
suitable place to be provided by the county commissioners and 
centrally located within the precinct as far as practicable, and 
shall place on the said book of registration, next after the names 
already thereon, the names of all qualified electors of the district 
residing in that precinct who are not registered and who shall 
present themselves for registration and comply with the require- 
ments prescribed by the general registration laws of this state. 
[L. '09, p. 498, §15. 

5945k. Removal of elector. 

Any qualified elector whose name appears upon any such 
book of registration, but who has removed from the precinct 
in which he is registered to some other precinct within such 
district, may appear before the county clerk at any time within 
five days prior to any such election, and upon making oath in 
writing as to his then present residence, said county clerk shall 
draw a red line through the registration of such person, making 
a note as follows: 

^'Changed 19 , to precinct 

, ward ," inserting 

the date and number of the precinct and ward therein, and shall 
register in red ink such person in the book of registration for 
the precinct in which such person then resides; and a change of 
residence within the same precinct may be made in like manner. 
The county clerk or deputy making such a change shall sign his 
name in the column provided for the signatures of the registra- 



74 SCHOOL LAWS OF 

tion committee, and the person so registered shall also sign his 
name as in the case of an original registration. [L. '09, p. 499, 
§16. 

59451. Books returned. ' 

Immediately after completing such registration said regis- 
tration committee shall deliver the original book of registration 
to the county clerk, who shall retain the same until the day prior 
to the election, when he shall deliver the same to the judges 
of election selected by said board of directors for their use at 
such election, properly certified, but the count}" clerk shall not, 
for an}^ such election, make and furnish any copy of such regis- 
tration list at public expense, nor shall he make any charge for 
delivering said original books of registration as required herein; 
but his compensation for all other matters hereby required shall 
be as fixed by the -registration laws of this state. [L. '09, p. 
499, §17. 

5945m. Petition for purging lists.' 

At any time prior to the delivery of the original book of 
regisration to the registration committee of the precinct, as 
herein provided, a petition for purging the list may be filed as 
to the registration list appearing therein, and at any time prior 
to the seventh day before election a petition ma}^ be filed for 
purging the list of additional registrations made as herein pro- 
vided, which petition and the procedure and relief thereunder 
shall be the same, as near as may be, as provided in the regis- 
tration laws of this state. And the registration and election 
laws of this state shall govern in all matters connected with the 
making of said registration except as herein otherwise provided. 
[L. '09, p. 500, §18. 

5945n. Repealing clause — Proceedings under repealed acts. 

Sections 5942, 5943, 5944 and 5945, and all other acts and 
parts of acts inconsistent herewith, are hereby repealed; Pro 
vided. That the repeal of said acts and parts of acts shall in no 
wise affect any bonds issued thereunder. 

Any and all proceedings heretofore had or which are now 
being had or carried forw^ard, under the acts hereby repealed, 
or any, all or either of them, may be carried forw^ard, completed 
or consummated under this act, and bonds contemplated by such 
procedure may be issued in the form and with the terms and 
according to the provisions of this act. [L. '09, p. 500, §19. 

NOTE— Sections repealed refer to sectif;ns as they appear in R. S., 'OS. 



THE STATE OP COLORADO. 75 

5946. Redemption of bonds — premium. ^ 

In all districts that have issued bonds under the pro- 
visions of the laws of the territory of Colorado, the treasurer 
of the district, immediatel}^ after receiving the annual installment 
of the fund for the redemption of said bonds, as provided in 
section ninety-one (91), shall go into the market, and at the low- 
est price for which he can obtain such bonds, shall use such fund 
in the retiring of such bonds to the extent of such fund; Pro- 
vided, That the said treasurer shall not pay more than five per 
cent premium on any bonds of his district, and any balance 
of said funds remaining in the hands of said treasurer shall be 
invested as -nearly as possible in United States bonds or state 
bonds of Colorado. 

[Section 91, above referred to, is repealed.] 

5947. U. S. bonds, how kept — proceeds — sale. 

All United States or state bonds which may come into 
the hands of any district treasurer, under the provisions of 
this act, shall be duly recorded in the books of the district, and 
deposited in the safety vault of some bank within the state, 
selected by the district board. The interest coupons of said 
bonds shall be duly collected by the district treasurer, and the 
proceeds turned over to the county treasurer, to be used in the 
payment of the interest coupons of the bonds of such district, and 
the annual tax for the payment of the interest on said bonds 
shall be proportionately lessened. Said United States or state 
bonds shall be sold by the district board at the best market rates, 
and the proceeds thereof used to redeem the bonds of the district 
when the same become due, or when they can be bought at not to 
exceed five per cent, premium. 

5948. Change of boundaries not release property — annexed property. 

No change in the boundary lines of such school dis- 
trict shall release the taxable real estate of the district from 
assessment and levy of taxes to pay the interest and principal 
of such bonds, and if there shall be any change of the lines of 
such school district, so as to leave any portion of the taxable real 
estate of the district out of the district, which was subject to 
taxation in the district a-t the time of the issue of such bonds, 
the assessment and levy for principal and interest of such bonds 
shall be made on such property as if it were ■still within the dis- 
trict, and if there shall be any change of the lines of such school 
district, so as to annex any taxable real estate, after the issue of 
such bonds, the real estate so annexed shall thereafter be subject 
to the assessment and levj- for principal and interest of such 
bonds. 



76 SCHOOL LAWS OP 

5949. County treasurer's fees. •' 

The treasurer of the county shall receive the same compen- 
sation for the collection of such special taxes as he does for other 
school taxes. 

REFUNDING BONDS, 

5950. Refunding bonds — when issued — interest — redemption. 

That when the bonded indebtedness of any school dis- 
trict in this state has matured, or may hereafter mature, or 
has or may hereafter become redeemable at the pleasure of the 
district, and there shall not be funds in the treasury of such 
school district available for that purpose with which to redeem 
or pay such bonds, it shall be lawful for the board of directors 
of such school district to issue and sell new bonds, equal to the 
. sum necessary and not otherwise provided for the payment of 
the bonds then matured or those then redeemable at the pleasure 
of such school district, and such bonds thus issued shall not be 
sold at a less price than their par value; Provided, It shall be 
lawful for the board of directors of any school district having a 
bonded indebtedness, to refund the same, at any time, with the 
consent of the bond owners, in bonds bearing a less rate of inter- 
est than the bonds so refunded and running for a longer time, 
which said bonds thus issued shall be exchanged at not less than 
par for the bonds outstanding. 

Provided, further, That all bonds issued under this section 
shall bear interest at such rate as said school board may deter- 
mine, not to exceed S per cent, per annum, and shall be redeem- 
able at the pleasure of the district board, in not to exceed ten 
years and payable in not to exceed twenty years from the date 
thereof, and the date after which bonds are redeemable shall be 
plainly written or printed on the face thereof. 

5951. What laws apply to issue and payment. 

All the provisions of the laws of the state of Colorado, 
now existing, relating to the duties of district and county 
officers in the issue and payment of district bonds, and relating 
to the assessment and collection of taxes for the payment of the 
interest and principal of school district bonds, shall be held to 
apply equally and in like manner to all matters pertaining to the 
issue and payment of bonds issued under the provisions of this 



THE STATE OF COLORADO. 77 

act, except that the time when taxes shall be levied and collected 
for the payment of the principal of said bonds shall be as herein- 
after provided. 

5952. County board levy tax — treasurer collect. 

At the time provided by law for the levying of county 
taxes in the year next preceding the date at which the first 
installment of said bonds shall mature, and every year thereafter 
until the whole amount of said bonds shall be redeemed, the 
board of county commissioners of any county in which bonds 
shall have been issued under the provisions of this act shall levy 
a tax sufficient to pay not less than ten per centum nor more 
than twenty per centum of the principal of said bonds, and the 
county treasurer shall collect the same as other taxes are col- 
lected, and shall pay the amount so collected to the district 
treasurer as is now provided by law. 

5953. Vote on refunding bonds. 

Provided, however. That no bonds shall be issued under 
the provisions of this act until the question of refunding 
shall first have been submitted to and approved by the qualified 
voters of the district as is now or may be provided by law, except 
that the electors shall vote "For refunding" or "Against refund- 
ing," instead of ''For the bonds" or "Against the bonds." 

SPECIAL DISTRICT MEETINGS. 

5954. Meetings in districts of third class. 

In any district of the third class the board of directors 
may at any time call a special meeting of the electors of such 
district for any of the purposes specified in section sixty-two (62) 
of this act, and it shall be their duty to call such meeting, if 
petitioned so to do by ten (10) legal voters of the district. No- 
tices, specifying the time, place and object of such meeting, shall 
be posted in three (3) public places, one of which shall be at the 
place of meeting, at least twenty (20) days prior to the time of 
holding such meeting. 

[Section 62 above referred to is section 5955.] 

5955. Powers of meeting. 

The qualified electors of districts of the third class, when as- 
sembled at any regular or special meeting, shall have power: 



78 SCHOOL LAWS OP 

First — To appoint a clia;irman and secretary in the absence 
of the regular officers. 

Second — To adjourn from time to time, as occasion may 
require. 

Third — To fix the site for each school house, taking into 
consideration in doing so the wants and necessities of the people 
of each portion of the district. 

Fourths—To order such tax on taxable property of the dis- 
trict as the meeting shall deem sufficient for any of the follow- 
ing purposes : To pay teachers ; to purchase or lease a suitable 
site for a school house or school houses; to build, rent or pur- 
chase a school house or school houses ; and to keep in repair and 
furnish the same with the necessary fuel and appendages; for 
procuring libraries for the schools, books and stationery for the 
use of the board and district meetings, and to defray all other 
contingent expenses of the district. 

Fifth — To direct the sale or other disposition to be made of 
any school house, or the site thereof, and of such other property, 
real or personal, as may belong to the district, and to direct the 
manner in wJiich the proceeds arising therefrom shall be applied. 

Siwth — To transact generally such business as may tend to 
promote the cause of education, in accordance with the provi- 
sions of this act. 

Seventh — To adopt any rules of order for the government of 
district meetings, not incompatible with the provisions of this 
act, and to alter and change the same from time to time, as occa- 
sion may require. 

UNION HIGH SCHOOLS. 

5956. Meeting to establish — notice — high school committee — secretary — 
treasurer — admission of pupils. 

Whenever the school boards of two (2) or more contig- 
uous school districts shall each deem it advisable to estab- 
lish a union high school, the county superintendent shall, at the 
request of two (2) of the secretaries of the boards, call a. meeting 
of the boards interested by giving personal notice to each mem- 
ber, which meeting shall elect by ballot from among the members 
of said boards, if a majority of the members of each board are 
present, a committee of three (3), to be known as the high school 
committee of such union school. The county superintendent 
shall be, ex-officio, an additional member of said committee and 
shall preside at the meetings thereof. There shall be elected a 
secretary of such committee, and if need be a treasurer. In any 
case in which the county seat of any county shall be all included 



THE STATE OF COLORADO. 79 

in one school district the board of such school district shall have 
the same powers of establishing and organizing a high school as 
are hereby given to the boards of two or more contiguous school 
districts, and in such case the high school committee shall be 
the board of such school district, or such three members as they 
may select. High schools formed under the provisions of this 
section shall be open to all children from all districts of the 
county in which they are so formed, provided such children are 
qualified as hereinafter provided. 

5961. High school committee — term — vacancies. 

The members of said high school committee shall hold 
the office for and during the term they are members of 
their respective boards. All vacancies in said committee, other 
than such as are caused by the expiration of the term of office, 
shall be filled by the school board of which the person so vacating 
was a member. The secretary shall be elected annually, and may 
receive such compensation as the committee shall deem proper 
to allow. 

5961a. HlgTi school committee — meetings. 

The regular meetings of the high school committee shall be 
held on the first Saturday of March, June, September and De- 
cember of each year, and special meetings may be held at any 
time upon the call of the county superintendent, or two (2) 
members of the committee. [M. A. S., 3999. 

5966. IVIaintenance of high school. 

After the first establishment of such a high school, it shall 
be maintained until the then next regular apportionment 
of the county school fund, as folloAvs: Each district which shall 
have any children attending such high school shall draw from 
its school fund, and cause to be placed to the credit of the high 
school fund, such part of the whole expenses as shall be propor- 
tioned to the number of pupils attendant at such high school 
from such district, provided it is with the approval of the direct- 
ors of said district. After the first year, or part of a year, so as 
above provided for, the said high school shall, so far as practica- 
ble, be rated as a separate district. It shall be entitled to 
draw from the general state and county funds its quota for 
attendance, as provided by section seventy-two (72) of this act, 
and the deficit shall be made up from the several district funds 
in proportion to the number of pupils from each district who 
attended said high school during the then past year. 

[Section 72 referred to above is section 5890.] 
[See 5977 p.] 



80 SCHOOL LAWS OF 

5969. Term of session of school^qualification of pupils. 

The high school may be maintained during forty (40) 
weeks in each year, and shall be free to all children in the 
county who are qualified for admission according to the require- 
ments prescribed by the committee, and all children in the county 
who are so qualified, and who can pass the examination pre- 
scribed by the committee, shall be entitled as of right to attend 
said high school. 

[See section 5977.] 

5971. Every district contributing has voice in election. 

Every district in the county which contributes to the 
support and patronage of said high school shall, by its board 
of directors, be entitled to a voice in the election of members of 
the committee. 

5972. When high school districts may be organized in fourth and fifth 

class counties. 

In all counties of the fourth and fifth classes, all school dis- 
tricts lying adjacent to an incorporated town or city may be 
organized into a union high school district. 

5973. How supported — buildings. 

The county commissioners of each of said counties are re- 
quired to levy a tax of not less than one or more than three 
mills upon all taxable property in such high school districts 
when the same shall have been organized, for the support of such 
school. Such levy shall be made annually after the organization 
of the said district shall have been made, at the same time that 
other taxes are levied. 

It shall be the duty of the school district in which such 
school or incorporated town is incorporated to provide, at its 
own expense, a suitable building for the use of such union high 
school. 

[Partly repealed by 5977 p.] 

5974. Addition of outlying districts — attaching district in adjacent county. 

Any outlying school district not contiguous to such city 
or incorporated town may, by a majorit}^ vote of the duly 
qualified electors of such district, be added to any such union 
high school district within the county ; and where it is more con- 
venient for the pupils of any school district to attend school in 
a union high school of another county, such district may be 
attached, by such vote, to the union high school district of an 
adjacent county. 



THE STATE OF COLORADO. 81 

5975. Not affect organized districts. 

The organization of these union high school districts shall 
not affect the organization nor the levy of the regularly organ- 
ized districts.^ 

5976. School board — election. 

The county superintendent shall, on or before the first 
day of May, 1903, appoint one member from each of the 
adjoining or outlying districts composing such union high school 
districts, who shall, together with the members of the regularly 
organized district in which the building is located, constitute the 
school board of such union high school district.. Each following 
year the members of the school board shall be elected at the reg- 
ular annual meeting of the several districts. 

5977. Qualification of pupils — course of study. 

The qualifications necessary to enter such union high 
school shall be a diploma from the county superintendent 
upon completion of the eighth grade work, or a certificate issued 
upon grades in lieu of the eighth grade work. The county super- 
intendents of the several counties shall, at their first annual state 
meeting, appoint a committee of five, who shall formulate a 
course of study for such union high schools, such course to be 
uniform in all the grades. 

COUNTY HIGH SCHOOLS. 
5977a. Counties classified. 

For the purposes of this act the several counties of this state 
shall be classified with reference to population and divided into 
five classes as provided by sections 2565, 2566 and 2567 of the 
revised statutes of Colorado, 1908, as follows: 

The city and county of Denver, unless otherwise provided 
in the charter thereof, shall be first class; El Paso, Teller and 
Pueblo counties shall be second class; Boulder, Fremont, Lake, 
Pitkin, Las Animas and Weld counties shall be third class; 
Adams, Arapahoe, Chaffee, Clear Creek, Conejos, Costilla, Delta, 
Douglas, Eagle, Garfield, Gilpin, Gunnison, Huerfano, Larimer, 
La Plata, Logan, Mesa, Montrose, Morgan, Ouray, Otero, Park, 
Prowers, Jefferson, Rio Grande, Routt, Saguache, San Miguel 
and San Juan counties shall be fourth class; Archuleta, Baca, 
Bent, Cheyenne, Custer Dolores, Elbert, Grand, Hinsdale, Ki- 
,owa. Kit Carson, Lincoln, Montezuma, Mineral, Phillips, Rio 
Blanco, Sedgwick, Summit, Washington and Yuma counties 
shall be fifth class. The counties of the fourth class shall be 
divided into two divisions, known as ''A" and "B." 



82 SCHOOL LAWS OP 

The counties comprising division '^A" shall be Adams, Arap- 
ahoe, Chaffee, Clear Creek, Conejos, Douglas, Garfield, Gilpin, 
Gunnison, Huerfano, Jefferson, Larimer, La Plata, Mesa, Otero, 
Ouray and San Miguel; and the counties comprising division 
"B" shall be Costilla, Delta, Routt, 'Eagle, Logan, Montrose, Mor- 
gan, Park, Prowers, Rio Grande, Saguache and San Juan. [L. 
'09, p. 397, §1. 

5977b. Special notice of election. 

On the petition of fifty voters having the qualifications here- 
inafter prescribed, of any county of the second, third, fourth or 
fifth class, the county superintendent of public schools of such 
county shall give notice not less than twenty days before any 
regular meeting now or which may hereafter be provided by law, 
for electing members of school boards in the respective districts 
of the state, that the question of organizing the county into one 
high school district for high school purposes, will be submitted to 
the qualified voters of the respective school districts in the 
county, at such, meeting. Qualified voters of a joint school dis- 
trict who may reside in any county proposing to organize as 
aforesaid, shall be entitled to vote at said meeting. [L. '09, p. 
398, §2. 

5977c. Notices to be posted. 

The county superintendent shall cause to be posted in the 
manner hereinafter prescribed, notices in each school district in 
the county, that such petition has been made and that at the 
next regular meeting for electing members of school boards, the 
question of organizing the county into one high school district 
for high school purposes, will be submitted to the qualified vot- 
ers of the district. The secretary of each school board shall, under 
the direction of the county superintendent, cause written or 
printed notices to be posted in his district, specifying the pur 
pose, the day and the place or places of such election, and the 
time during which the ballot box or boxes shall be kept open, not 
less, however, than three hours. The time and place specified 
in such notice shall be the same time and place at which the reg: 
ular election of members of the school board shall be held. Said 
notices shall be posted in at least three public places in the dis- 
trict, one of which shall be the school house, if there be one, at 
least twenty days previous to the time of such election. [L. '09, 
p. 398, §3.' 

5977d. Who may vote — Form of ballot. 

Every legally qualified elector of his district entitled to vole 
for members of school boards, and none other, shall be entitled 



THE STATE OP COLORADO. 83 

to vote at such meeting upon such question of organization. 
After the organization of the meeting for the ^election of mem- 
bers of the school board, the qualified electors shall proceed to 
vote by ballot on the question whether or not the proposed 
high school district for high school purposes, shall be organized. 
Those in favor of organization shall vote "For the organization," 
and those opposed, "Against the organization." The ballots upon 
the question of organization shall be deposited by the voters in a 
separate ballot box to be provided by each school district for said 
purpose. The president, secretary and treasurer of the district 
school board shall act as judges of the election and should any 
of the judges be absent at the opening of the polls, the electors 
present shall appoint a legal voter to fill the vacancy. [L. '09, p. 
398, §4. 

5977e. Canvass. 

Immediately after the closing of the polls the judges shall 
open the ballot box and proceed to count the votes polled, and 
the counting thereof shall be commenced and continued until fin- 
ished before the judges shall adjourn. As soon as all the ballots 
shall have been counted, the judges shall make out a certificate 
under their hands certifying the whole number of votes cast upon 
the question of organization and the number of votes cast for 
organization and the number of votes cast against organization. 
Said certificate, together with the ballots cast upon the question, 
shall then be enclosed and sealed up under suitable cover, and 
directed to the county superintendent of the county in which 
such election is held, and the packet thus sealed shall be sent 
by registered letter, where practicable, otherwise it shall be 
conveyed by one of the judges of the election, to be determined by 
lot if they cannot agree otherwise, within three days after the 
closing of the polls. [L. '09, p. 399, §5. 

5977f. Record of votes preserved by county superintendent. 

On the tenth day after the close of the election, or sooner 
if all the returns be received, the county superintendent of the 
county shall proceed to open the said returns and determine 
the result of the election therefrom. Said county superintendent 
shall make and permanently preserve in his office a record of 
the total number of votes cast upon the said question of organi- 
zation, and the number of votes cast for organization and against 
organization. If it shall appear from such record that the ma- 
jority of the votes cast on the question of organizing the county 
into one high school district for high school purposes shall be 
in favor of such organization the county superintendent of public 



84 SCHOOL LAWS OP 

schools of such county shall, by notification by mail and by pub- 
lication where practicable, call a meeting of the directors of the 
respective districts of said county, which meeting shall be held 
at the office of said county superintendent not later than thirty 
days after the election herein provided for. Such meeting shall 
be organized by the election of a temporary chairman and secre- 
tary, and the directors present shall then proceed to elect by 
ballot from among the members of said boards of directors four 
persons, who with the county superintendent of public schools 
as an ex officio member, shall be known as the high school com- 
mittee. No two members of any board of directors shall at the 
same time be members of the high school committee, except in 
counties where there are less than four districts. Immediately 
after its election as aforesaid the committee shall select from its 
members a president and a treasurer. The county superintend- 
ent of schools shall be ecc officio the secretary of the committee. 
[L. '09, p. 399, §6. 

5977g. Term of members of high school committee. » 

The term of office of each member of the high school com- 
mittee shall expire simultaneously with the expiration of his 
term of office as a director of the school district wherein he 
resides, and the vacancy thus created shall be filled by the 
directors of the various school districts of the county, at a meet- 
ing held at the office of the county superintendent not later than 
thirty days after the occurrence of the vacancy. The secretary 
of the committee shall give each director at least ten days' notice 
b3' mail of the holding of such meeting. All vacancies caused 
in any other manner than by expiration of term of office shall 
be filled by appointment by the county superintendent of public 
schools. [L. '09, p. 400, §7. 



PROVISIONS APPLICABLE TO BOTH UNION AND COUNTY HIGH 

SCHOOLS. 

5977h. Meetings of committee. ' 

The regular meetings of the high school committee shall be 
held on the first Saturday of March, June, September and De- 
cember in each year, and special meetings may be held upon 
call of the president or secretary of the committee or upon 
request of any two members thereof. [L. '09, p. 400, §8. 

59771. High school district a body corporate. 

Each regularly organized high school district heretofore 
formed, or that may be formed, as provided in this act, is hereby 



THE STATE OP COLORADO. 85 

declared to be a body corporate, by the name and style of 

'' county high school district in 

the state of Colorado," and in that name may hold property and 
be a j)arty to suits and contracts, the same as municipal corpora- 
tions in this' state. [L. '09, p. 400, §9. 

5977J. May hold real estate. 

It shall be lawful for any high school district in this state 
to take and hold, under the provisions of any law now or here- 
after in force providing for the exercise of the right of eminent 
domain, so much real estate as may be necessary for the location 
and construction of a high school building or buildings and 
convenient use of the high school. [L. '09, p. 401, §10. 

5977k. Powers and duties of committee. ' 

Everj' high school committee, unless otherwise provided by 
law, shall have the power, and it shall be their duty: 

First — To employ or discharge teachers, mechanics and 
laborers, to fix and order paid their wages, and to determine the 
rate of tuition for non-resident pupils. 

Second — To enforce the rules and general regulations of the 
state superintendent, to fix the course of study, the exercises and 
kind of text books to be used; Provided, That but one kind of 
iext book of the same grade or branch of study shall be used in 
the same department of a high school, and that after the adop- 
tion of any book it shall not be changed in less than four years, 
unless the price thereof shall be unwarrantably advanced, or 
the mechanical quality lowered, or the supply stopped. 

Third — To provide for school furniture, and for everything 
needed in the high school building, or for the use of the high 
school committee. 

Fourth — To rent, repair and insure high school buildings. 

Fifth — To build or remove high school buildings, and to 
purchase or sell school lots when directed by a vote of the high 
school district so to do. 

Sixth — To hold in trust for their high school district all 
real or personal property for the benefit of the high school 
thereof. 

Seventh — To suspend or expel pupils from the high school 
who refuse to obey the rules thereof. 

Eighth — To determine the number of teachers that shall be 
employed and the length of time in each year during which the 
high school shall be kept, and to fix the time for the opening or 
closing of the high school. 



86 * SCHOOL LAWS OF 

Ninth — To provide books for indigent children on the writ- 
ten statement of the teachers that the parents of such children 
are not able to purchase them, and to furnish free text books 
for the use of all pupils, when authorized to do so by a majority 
vote of the high school district, as expressed at any regular or 
special meeting. 

Tenth — To require all pupils to be furnished with the proper 
and suitable books as a condition of membership in the high 
school. 

Eleventh — To exclude from the high school and its libraries 
all books, tracts, ptapers and other publications of an immoral 
or pernicious tendency. 

Twelfth — To require teachers to conform to the law. 

Thirteenth — To make an annual report, as required by law, 
to the county superintendent, on or before the first day of August 
of each year, in the manner and form and on the blanks pre- 
scribed and furnished by the superintendent of public instruc- 
tion. 

Fourteenth — To make a report directly to the state super- 
intendent whenever instructed by him so to do. 

Fifteenth — Whenever a pupil resident in one high school 
district desires to attend the high school in another high school 
district such pupil shall be permitted to do so; Provided, That 
the high school committee may refuse to admit pupils from 
other high school districts upon the ground of insufficient room. 
[L. '09, p. 401, §11. 

59771. Powers and duties of president. 

The president, when present, shall preside at all meetings 
of the high school committee and of the high school district; 
shall sign all orders on the county treasurer for the payment of 
money; Provided, however, That no orders shall be drawn upon 
the county treasurer except in favor of parties to whom the high 
school district has become lawfully indebted. He shall appear 
in behalf of his high school district in all suits brought by or 
against the same, but when he is individually interested this 
duty shall be performed by the secretary, and in the absence 
of the president the secretary shall preside at the committee and 
district meetings. [L. '09, p. 402, §12. 

5977m. Powers and duties of secretary. 

The secretary shall keep an accurate account of the expenses 
incurred by the high school district, and shall present the same 
to the committee whenever called upon. He shall give the re- 
quired notice of all regular and special meetings as herein au- 



THE STATE OP COLORADO. o7 

Ihorized. He shall keep the same records and make the same 
reports as are now or may hereafter be required by law to be 
kept and made by secretaries of public school districts. [L, '09, 
pp. 402, 403,. ^13.'^ . 

5977n. Powers and duties of treasurer. 

The treasurer shall countersign all warrants drawn by the 
president and secretary on the county treasurer, in favor of 
parties to whom the high school district has become lawfully 
indebted, and keep an account of the same. He shall take charge 
of all moneys received hj him on account of the high school 
district from the county treasurer, as now provided by law, and 
pay out the same as by law provided. He shall render a state- 
ment of the finances of the district, as shown by the records 
of his office, at the close of each school year and at any other 
time when required by the committee. The treasurer shall per- 
form such additional duties and be subjected to such additional 
obligations as are now or may hereafter be imposed by law 
upon the treasurers of public school districts. [L. '09, p. 403, §14. 

5977o. Powers and duties of directors unchanged. 

Each high school district heretofore formed or that may be 
formed, as provided in this act, shall exercise all the powers 
and perform all the duties that are at the time of the adoption 
of this act accorded to and required of directors of first and 
second class districts throughout the state; Provided, That the 
amount of tax certified to the county commissioners for the 
maintenance of'the high school in any high school district shall 
in no case exceed four mills on the dollar of the assessed valua- 
tion of the high school district. [L. '09, p. 403, §15. 

5977p. Tax levied by county commissioners. 

The county commissioners of any county wherein is a high 
school district heretofore organized according to law, or where 
any high school district is organized under the provisions of 
this act, or heretofore organized as a union high school at any 
county seat, under section 5956 of the Revised Statutes of 
Colorado of 1908, shall levy annually, at the time of levying 
taxes for other purposes, a high school tax on all the taxable 
property of the county, said tax not to exceed four mills on the 
dollar of the assessed valuation. The high school tax shall be 
assessed and collected in the same manner as other taxes are 
assessed and collected and shall be paid out by the county treas- 
urer on warrant drawn by the president and secretary of th( 



S» SCHOOL LAWS OF 

high school committee and countersigned by the treasurer 
thereof. [L. '09, p. 403, §16. 

5977q. On petition notice of election to be given. 

On the petition of fifty voters having the qualifications here- 
inafter prescribed, of any high school district, the county super- 
intendent of public schools and ex officio secretary of said dis- 
trict shall give notice, not less than twenty days before any 
regular meeting now or which may hereafter be provided by 
law, for electing members of school boards in the respective 
districts of the state, or special meeting held under the pro- 
visions of this act, that the question of contracting a bonded 
debt for the purpose of erecting and furnishing high school 
buildings, or purchasing ground, or for funding floating debts, 
will be submitted to such qualified voters of the high school 
district as have paid a school tax therein in the year next pre- 
ceding said meeting. Notice of such meeting shall be given and 
such meeting shall be held and conducted and the returns thereof 
made and the result declared in the manner as nearly as may be 
as is by this act provided for the organization of high school 
districts. Any person offering to vote at such meeting in the 
respective public school districts of the high school district may 
be challenged by any legally qualified elector of the district 
and any one of the judges of election shall thereupon administer 
to the person challenged an oath as follows: 

''You do swear (or affirm) that you are a citizen of the 
United States; that you have resided in the state of Colorado 
one year immediately preceding this election;, that you are 
twenty-one years of age; that you have resided in this district 
thirty days next preceding this election, and that you have paid 
a school tax within this school district in the year next preceding 
this election, and that you have not voted at this election, so 
help you God (or under the pains and penalties of perjury)." 

If he shall refuse to take such oath or affirmation his vote 
shall be rejected. The high school committee of any such high 
school district shall first agree, and certify the amount of in- 
debtedness to be created, if any. In no case shall the aggregate 
amount of bonded indebtedness of any high school district for 
high school purposes exceed two per cent, of the assessed value 
of the property of such high school district. At such election a 
separate ballot box for this purpose shall be provided and the 
qualified electors shall vote by ballot "For high school" bonds" 
or "Against high school bonds." If it shall appear from the 
final record of the county superintendent that a majority of all 
the votes cast are for the high school bonds, the high school 
committee, as soon as practicable thereafter, shall issue coupon 



THE STATE OF COLORADO. 89 

bonds of the liigli school district, bearing' interest not exceeding 
six per cent, per annum, payable semi-annually and redeemable 
at the pleasure of the high school district at any time after a 
date to be fixed by said high school committee not less than ten 
years after date, and to be absolutely due and payable at a date 
to be fixed by said high school committee not less than twenty 
nor more than forty years from date, the principal and interest 
payable, at the office of the treasurer of the county in which said 
high school district may be situated, or the interest may be pay- 
able in the city of New York, at the option of the holders thereof, 
and the canceled coupons shall be at the disposal of the high 
school committee. All such 'bonds so issued shall be signed by 
the president of the high school committee, and shall have the 
seal of the high school district attached, attested by the secretary, 
and shall be countersigned by the county treasurer, and the 
coupons thereto annexed shall be signed by the president of the 
hig'h school committee by original or engraved signature. [L. 
09, p. 404, §17. 

5977r. Bonds to be registered in special book. 

Whenever any high school district shall issue bonds under 
the provisions of this act, all such bonds shall, previous to being- 
negotiable, be presented to the recorder of the county to be duly 
registered by him in a book kept for that purpose in his office, 
noting the amount, time of payment and rate of interest, and all 
such bonds shall state on their face that they are issued under 
the provisions of this act. [L. '09, p. 405, §18. 

5977s. Commissioners levy tax for payment of interest, etc. 

Whenever any high school district shall issue bonds under 
the provisions of this act it shall be the duty of the board of 
commissioners of the county in which said district may be 
situated to levy and assess a special tax on all the taxable prop- 
erty of such high school district, in amounts sufficient to pay 
the interest coupons thereon, when the same shall become due, 
according to their tenor and effect, and the county treasurer 
shall collect the same as other taxes are collected, in cash only, 
keeping the same separate from other funds received by him ; and 
if there shall be any surplus after paying the coupons and the 
expenses of collecting such special tax the treasurer shall with- 
out delay pass the same to the credit of such high school district, 
and such fund so passed to the credit of such district shall be 
subject to the disposal of the high school committee. And in 
the calendar year next preceding the date fixed by said high 
school committee after which said bonds are redeemable, and 



00 SCHOOL LAWS OF 

annually thereafter until the full payment of said bonds, the said 
county commissioners shall provide by taxation and shall collect 
such a per centum of the principal of said bonds as will, in 
equal annual installments, be sufficient to redeem all of said 
bonds by the time they mature, which amount shall be assessed 
and collected the same as the tax for the payment of the interest 
coupons, and when collected shall be turned over to the treasurer 
of such high school district, such money to be used only in the 
payment of such bonds, in the manner as follows: 

The treasurer of such high school district, immediately after 
receiving the money as aforesaid, shall advertise in some news- 
paper published in his county, if there be any, for four successive 
weeks, that on a certain day named in the advertisement he 
will pay certain of the high school district bonds, said bonds to 
be described in the advertisement by number and amount, and 
the advertisement shall further state that after the day so fixed 
for payment the interest on the bonds described as aforesaid shall 
cease and determine. The said payment shall be made at the 
office and in the presence of the treasurer of the county, who 
shall cancel the bonds redeemed, and a minute of such cancella- 
tion shall be made on the books of the county recorder, after 
which they shall be at the disposal of the high school committee. 
[L. '09, p. 405, §19. 

5977t. Bonds to be redeemed. 

In all high school districts that may issue bonds under the 
provisions hereof, the treasurer of such district, immediately 
after receiving the annual installment of the fund for the re- 
demption of said bonds, as provided in the foregoing section 
hereof, shall go into the market and at the lowest possible price 
for which he can obtain such bonds shall use such fund in 
the retiring of such bonds to the extent of such fund. [L. '09, p. 
406, §20. 

5977U. Change in boundary not affect taxable district. 

No change in the boundary lines of such high school district 
shall release the taxable real estate of the district from assess- 
ment and levy of taxes to pay the interest and principal of such 
bonds, and if there shall be any change of the lines of such high 
school district, so as to leave any portion of the taxable real 
estate of the district out of such district, which was subject to 
taxation in the district at the time of the issue of such bonds, 
the assessment and levy for principal and interest of such bonds 
shall be made on such property as if it were still within the 
district, and if there shall be any change of the lines of such 



THE STATE OP COLORADO. 91 

high school district, so as to annex anj^ taxable real estate after 
the issue of such bonds, the real estate so annexed shall there- 
after be subject to the assessment and levy for principal and 
interest of s.uch bonds. [K '09, p. 407, §21. 

5977v. Compensation of county treasurer. 

The treasurer of the county shall receive the same compen 
sation for the collection of such special taxes as he does for other 
school taxes. [L. '09, p. 407, §22. 

5977w. Special meetings. 

In any high school district the high school committee may 
at any time call a special meeting of the electors of such district 
for any of the purposes specified in this act, and the notice of 
such special meetings shall be given and such special meeting 
shall be held and the result thereof declared, in the same manner, 
as nearly as may be, as is provided by this act in the case of 
meetings for the organization of high school districts. [L. '09, 
p. 407, §23. 

5977x. What H. S. districts subject to provisions of tliis act, etc. 

All high school districts organized and now existing under 
the provisions of chapter 100 of the Session Laws of Colorado, 
1899, being "An, act to provide for the establishment and support 
of high schools in counties of the fourth and fifth classes," ap- 
proved April 8th, 1899, or under chapter 219 of the Session Laws 
of Colorado, 1907, being "An act to amend an act entitled an act 
to provide for the establishment and support of high schools in 
counties of the fourth and fifth classes," approved April 9th, 
1907, are hereby declared to be duly organized high school dis- 
tricts under the provisions of this act, and entitled to enjoy all 
the privileges and exercise all of the powers conferred by this 
act, and shall hereafter be subject to the provisions of this act; 
Provided., That no school district in any county shall be taxed 
without its consent for the support of more than one class or 
kind of high school, the establishment of which is authorized 
by law; and in voting on th6 organization of a county high school 
district under the provisions of this act, any school district then 
maintaining a high school or any school districts then organized 
into a union high school district and maintaining therein a union 
high school may by voting against the organization of a county 
high school district be excluded from such county high school 
district; but if anj^ school district maintaining a high school or 
districts maintaining a union high school shall, under the pro- 



92 SCHOOL LAWS OP 

visions of this section, vote against the organization of a county 
high school district, the ballots cast in such district or districts 
shall be considered only upon the question of exclusion and shall 
not be considered in determining the final result upon the ques- 
tion of organizing a countj^ high school district. And providing, 
further, That any school district maintaining a high school, or 
any districts organized into a union high school district and 
maintaining therein a union high school, may abandon such 
high school organization and organize under the provisions of 
this act. [L. '09, p. 407, §24. 

TRUANT SCHOOLS. 

5978. Establishment of parental or truant schools. 

That in cities having a population of 100,000 inhab- 
itants or more, there shall be established, maintained and 
conducted within two years from the date of taking effect of this 
act, one or more parental or truant schools for the purpose of 
affording a place of confinement, discipline, instruction and 
maintenance of children of compulsory school age who may be 
committed thereto in the manner hereinafter provided. 

[Appointment and duties of truant officer. Sections 534 and 535.] 

5979. School sites secured — supplies. 

For the purpose of establishing such school or schools, sites 
may be purchased and buildings constructed or premises rented 
in the same manner as is provided for in the case of public 
schools in such cities; but no such school shall be located at or 
near any penal institution. 

And it shall be the duty of the board of education to furnish 
such schools with such furniture, fixtures, apparatus and provi- 
sions as may be necessary for the maintenance and operation 
thereof ; Provided, That nothing in this act shall be construed to 
permit an increase of the levy for school purposes beyond the 
limit fixed by laAV. 

5980. Officers and teachers. 

The board of education may also employ a superintendent 
and all other necessary officers, agents and teachers; and shall 
prescribe the methods of discipline and the course of instruction 
and shall exercise the same powers and perfarm the same duties 
as is prescribed by law for the management of other schools. 

5981. Religious instruction and training. 

No religious instructions shall be given in said school, 
except such as is allowed by law to be given in public 



THE STATE OF COLORADO. 93 

schools; but the board of education shall make suitable regula- 
tion so that the inmates may receive religious training in accord- 
ance with the belief of the parents of such children, either by 
allowing religious services to be held in the institution or by 
arranging for attendance at public service elsewhere. 

5982. Petition to commit truant to school. 

It shall be the duty of any truant officer or agent of 
such board of education to petition, and any reputable citizen 
of the city may petition the county court of the county to in- 
quire into the case of an}' child of compulsory school age who is 
not attending school, or who has been guilty of habitual truancy, 
or of persistent violation of the rules of the public schools, and 
the petition shall also state the names, if known, of the father 
and mother of such child, or the survivor of them ; and if neither 
father nor mother of such child is living, or cannot be found in 
the county, or if their names cannot be ascertained, then the 
name of the guardian, if there be one known, and if there be a 
parent living whose name can be ascertained, or a guardian, the 
petition shall show whether or not the father or mother or guard- 
ian consents to the commitment of such child to such parental or 
ti'uant school. Such petition shall be verified by oath upon the 
belief of the petitioner, and upon being filed, the judge of the 
county court shall have such child named in the petition brought 
before him for the purpose of determining the application in said 
petition contained. But no child shall be committed to such 
school who has never been convicted of any offense punishable 
by confinement in any penal institution. 

5983. Clerk issue writ — return — notice. 

Upon the filing of such petition the clerk of the 
court shall issue a writ to the truancy officer of the district, 
directing him to bring such child before the court; if the court 
shall find the material facts set forth in the petition are true, 
and if in the opinion of the court such child is a fit person to be 
committed to such parental or truant school, to be kept there 
until he or she arrives at the age of fourteen years, unless sooner 
discharged in the manner hereinafter set forth, subject to the 
right of appeal as in cases of misdemeanor in the county courts. 
Before the hearing aforesaid, notice in writing shall be given to 
the parent or guardian of such child, if known, of the proceedings 
about to be instituted, that he or she may appear and resist the 
same, if they so desire. 



94 SCHOOL LAWS OF 

5984. Parent pay cost of keeping child. 

It shall be the duty of the parent or guardian of any 
child committed to this school to pay the actual cost of 
board of such child and provide suitable clothing upon his or her 
entry into such school, and from time to time thereafter as it 
may be needed, upon notice in writing from the superintendent 
or other proper officer of the school. In case any parent or 
guardian shall refuse or neglect to furnish such clothing or pay 
for such board, the same may be provided by the board of educa- 
tion, and such board may have an action against such parent or 
guardian of said child to recover the cost of such clothing and 
board, wit4i 10 per cent, additional thereof. 

5985. Rules for parole. 

The board of education of such city shall have power 
to establish rules and regulations under which children 
committed to such parental or, truant school may be allowed 
to return home upon parole, but to remain while upon parole in 
the legal custody and under control of the officer and agents of 
such school and subject at any time to be taken back within the 
enclosure of such school by the superintendent or any authorized 
officer of said school, except as .hereinafter provided; and full 
power to enforce such rules and regulations to retake any such 
child so upon parole is hereby conferred upon said board of edu- 
cation. No child shall be released upon parole in less than four 
weeks from the time of his or her commitment, nor thereafter 
until the superintendent of such parental or truant school shall 
have become satisfied from the conduct of such child that, if 
paroled, he or she will attend regularly the public or private 
school to which he or she may be sent by his or her parents or 
guardians, and shall so certify to the board of education. 

5986. Report of principal. 

It shall be the duty of the principal or other per- 
son having charge of the school to which such child so released 
on parole may be sent, to report at least once each month to the 
superintendent of the parental or truant school, stating whether 
or not such child attends school regularly, and obeys the rules 
and regulations of such school; and if such child so released 
upon parole shall be regular in his or her attendance at school. 
and his or her conduct as pupil shall be satisfactory for a period 
'Of one year from date, on which he or she was released upon 
parole, he or she shall then be finally discharged from the par- 
ental or truant school, and shall not be recommitted thereto, ex- 
cept upon petition as hereinbefore provided. 

[Report of truant officer when child too poor to attend school. Section 537.] 



THE STATE OP COLORADO. 95 

5987. Penalty for violating parole — second parole. 

In case any child released from school upon parole, as 
hereinbefore provided, shall violate the conditions of his or 
her parole at any time within one year thereafter, he or she shall, 
upon the order of the county court, as hereinbefore provided, 
be taken back to such parental or truant school, and shall not 
be again released upon parole within the period of three months 
from the date of such re-entering; and if he or she shall violate 
the conditions of a second parole, he or she shall be recommitted 
to such parental or truant school, and shall not be released 
therefrom on parole, until he or she shall remain in such school 
at least one year. 

5988. Incorrigible children. 

In any case where a child is incorrigible and his or her 
influence in such school shall be detrimental to the interests 
of the other pupils, the board of education may authorize the 
superintendent or any officer of the school to represent these 
facts to the county court by petition; and the court shall have 
power to commit such child to some juvenile reformatory. 

5989. When act applicable to cities of less than 100,000 population. 

The boards of education in cities having a population 
of over 25,000, and less than 100,000 may establish, maintain 
and operate a parental or truant school for the purpose herein- 
above specified, and in case of the establishment of such a school, 
the boards of education shall have like power in their respective 
cities as hereinbefore expressed; Provided, That no board of 
trustees or board of education under this section shall put this 
law into effect until submitted to a vote of the people and adopted 
by a majority vote at some general election, in which case school 
districts in the same municipality may unite in the establishment 
and maintenance of one such truancy school. 

• TEACHERS. 

5990. Teachers must have license — exceptions. * 

No district board shall employ any person to teach in 
any of the public schools of the state, unless such per- 
son shall have a license to teach, issued from the proper district, 
county or state authority, and in full force at the date of em- 
ployment ; and any teacher, who shall commence teaching in any 
such school without such license, shall forfeit all claim to com- 
pensation out of the school fund for the term so teaching with- 
out such license. And if a teacher's license shall expire by its 



96 SCHOOL LAWS OP 

own limitation within a term of employment, such expiration 
shall not have the effect to stop the school, or stop the teacher's 
pa}' ; Provided, That a teacher whose certificate so expires, if the 
term of school for which such teacher is employed extends more 
than one month after such expiration, shall secure a new certifi- 
cate, or a renewal of the one held while the same is in force; 
And, provided, further, That a certificate shall not be required 
of persons employed to teach either music, drawing, or modern 
languages only. No teacher shall be dismissed without good 
cause shown, and such teacher shall be entitled to receive pay 
for services rendered. 

5991. County examinations- — notice — certificate. 

On the third Thursday in August, December and March in 
each year the county superintendent shall meet all persons, of not 
less than eighteen years of age, desirous of passing an examina- 
tion as teachers, in some suitable room at the county seat, notice 
of which will be given in some newspaper in the county, or in case 
there is no paper published in the county he shall give such 
notice as may by him be deemed necessary, at which time he 
shall examine all such applicants in orthography, reading, writ- 
ing, arithmetic, English grammar, geography, history and consti- 
tution of the United States and the constitution of Colorado, 
civil government, physiology, natural sciences, theory and prac- 
tice of teaching, and the school law of the state. If the applicant 
is to teach in a school of high grade, the examination shall ex- 
tend to such additional branches of study as are to be pursued 
in such school. If satisfied of the competency to teach and of the 
good moral character of the applicant, he shall give such appli- 
cant a certificate, as provided in the following section, but he 
shall not issue a certificate except one of like grade unless the 
applicant be examined at the regular state examinations. He 
may, however, in case of emergency, recognize county teachers' 
certificates issued in this or other states by endorsing thereon 
the word ''Good" until the next regular county examination; 
Provided, That the certificates so endorsed shall be in full force 
at the date of such endorsement, and shall not be renewed, ex- 
tended, nor show a previous endorsement thereon. If the attend- 
ance upon the examination at the county seat shall work a great 
hardship to five or more teachers in the county, the county super- 
intendent may provide for such teacher or teachers to take the 
examination at some convenient place, and the county superin- 
tendent may appoint some suitable person to conduct such ex- 
amination, who shall without delay report to the county super- 
intendent the written answers of each application. Sudh person 



THE STATE OF COLORADO. 97 

shall be entitled to five (5) dollars per day for conducting such 
examination, and such services shall be certified by the county 
superintendent to the county commissioners. 

5992. Applicaiit for certificate pay fee. 

Each applicant for a teacher's certificate at any regu- 
lar county examination, and each successful applicant for a 
renewal or endorsement of a certificate, or for the issue of a like 
grade certificate, shall pay for the privilege of such examination, 
renewal, endorsement or issue of like grade certificate, a fee of 
one dollar, which shall' be collected by the county superintendent 
of schools and forwarded, with his report of each examination, 
to the superintendent of public instruction. 

5993. Disposition of fees. 

All fees thus collected and remitted to the superintendent of 
public instruction shall be turned over to the state treasurer and 
shall constitute a state normal institute fund. 

5994. Grades of certificates — record — first class district. 

The certificates issued by the county superintendent shall 
be of three grades, distinguished as first, second and 
third. The first grade certificate shall be valid for three years 
and may be renewed by the county superintendent of the county 
in which it was issued ; the second grade certificate shall be valid 
for eighteen months, the third grade certificate shall be valid for 
nine months; Provided, however , That not more that two certifi- 
cates of the same ^rade shall be issued to the same person. A 
county superintendent may upon the application of a teacher 
holding a first grade certificate received at a regular examination 
in another county in the state and in full force at the time issue 
to said teacher a certificate of like grade; Provided, That such 
certificate shall not show the standing in each branch nor be 
subject to renewal but shall show the conditions upon which it 
is issued. And he may revoke certificates of any grade at any 
time, for immorality, incompetency or other just cause. It shall 
be deemed a violation of law to grant certificates of any of the 
above grades, except one of like grade, without requiring the 
applicant to pass a thorough and satisfactory examination in 
such branches and at such times as are specified in section 15 of 
this act, and in all such examinations the questions prepared by 
the superintendent of public instruction shall be used. In case 
a certificate is revoked or refused by the county superintendent, 
the right of appeal to the state board of education shall not be 
denied the teacher or applicant, if said appeal be taken within 



98 SCHOOL LAWS OF 

thirty days from date of notice of such revocation or refusal. 
The county superintendent shall keep an official record in a suit- 
able book of the persons so examined, containing the names, age, 
nativity, date of examination and grade of certificate issued; he 
shall also retain for three months the written answers of all 
applicants at the regular examinations and hold the same subject 
to the order of the state board of education ; Provided, further, 
That in a school district of the first class the examination may 
be conducted by the school board of such district in such manner 
and at such times as the board may determine, who shall have 
power to issue district certificates of the same grades and under 
the same conditions as are specified in sections 15 and 16 of this 
chapter, said certificates, however, shall be reported to the county 
superintendent, who shall keep a record of the same and shall be 
valid only in the district where issued. Such boards may, however, 
if they see fit, issue certificates without examinations to high 
school teachers who hold satisfactory evidence of adequate train- 
ing for the work they are to do. 

[Section 15 above referred to is section 5991.] 

[Section 16 above referred to is section 5994.] ' 

5995. Teachers keep register — disposition of register — ^failure to i<eep. 

It shall be the duty of the teacher of every public 
school in this state, to keep, in a neat and business like manner, 
a daily register, in such form and upon such blanks as shall be 
prepared by the superintendent of public instruction. At the 
close of each term of school, not to exceed four months, the 
teacher shall file the summary in such register, and, in ungraded 
schools, file the register with the secretary of the district, who 
shall preserve the same; in graded schools the register aforesaid 
shall be filed with the principal or superintendent of the district, 
in which case said principal or superintendent shall make an 
abstract of the summaries of all such registers upon blanks pre- 
pared by the superintendent of public instruction, and file the 
same with the secretary, which shall also be preserved. The 
teacher, principal or superintendent, as the case may be, who is 
in charge of the last term of school in any school year, shall file 
with the secretary a summary of the statistics for the year, as 
shown by the summarized reports of all the terms during the 
year. The principal teacher of every public school, within one 
week after the beginning of each term, shall notify the county 
superintendent of the date of such beginning and the proposed 
length of the term. Nothing in this section shall be construed 
to prohibit any district board from requiring teachers, principals 
and superintendents to keep any additional registers and records 
of statistics which such board may deem desirable. Until the 



THE STATE OF COLORADO. 99 

registers, summaries and abstracts herein above described have 
been filed, as aforesaid, it shall be unlawful for the officers of 
any district to draw a warrant for the last month's salary of any 
teacher, principal or superintendent, whose duty it is to make 
and file such 'register, summary or abstract. All blanks required 
in the execution of this section shall be supplied by the superin- 
tendent of public instruction to county superintendents, and by 
them to district secretaries. 

5995a. Teacher report defectiveness. 

Every teacher in the public schools shall report the mental, 
moral and physical defectiveness of any child under his super- 
vision, as soon as such defectiveness is apparent, to the principal, 
or, where there is no principal, to the county superintendent. 
Such principal or county superintendent shall promptly notify 
the parents or guardian of each child found to be defective, of 
the child's defectiveness, and shall recommend to such parents 
or guardian that such child be thoroughly examined as soon as 
possible by a competent physician or surgeon, with special refer- 
ence to the eyes, ears, nose, throat, teeth and spine. If the 
parents or guardian of such child shall fail, neglect or refuse 
to have such examination made and treatment begun within a 
reasonable time after such notice has been given, the said prin- 
cipal or superintendent shall notify the state bureau of child 
and animal protection of the facts; Providing, however, That 
whenever it shall be made to appear to the said principal or 
superintendent, upon the written statement of the parent or 
guardian of said child, that such parent or guardian has not the 
necessary funds wherewith to pay the expenses of such examina- 
tion and treatment, the said principal or superintendent shall 
cause such examination and treatment to be made by the county 
physician of the district wherein said child resides; and it shall 
be the duty of such county physician to make such examination 
and treatment, and if he be unable to properly treat such child 
he shall forthwith report such fact to the county commissioners 
of the county, with his recommendation. [L. '09, p. 490, §2, 

5995b. Teachers' retirement fund under control of directors. 

In every school district of the first class there may be 
created a school teachers' retirement fund, which shall be con- 
trolled by the board of school directors of the school district 
concerned. [L. '09, p. 512, §1. * 

5995c. Payable to whom. ' 

The board of directors in any such district is hereby au- 
thorized to establish a public school teachers' retirement fund, 



100 SCHOOL LAWS OF 

and shall be authorized to pay out of such fund a sum not to 
exceed forty dollars (|40) per month to any man teacher sixty 
years of age or any woman teacher fifty-five years of age, who 
has been in active service as a teacher for a period of twenty-five 
years, of which not less than fifteen years shall have been within 
said school district. 

The board of school directors of any such district may also, 
subject to the above limitations, make provisions for such teach- 
ers as may become permanently incapacitated from teaching, 
while in the service of the district; Provided, Jwwever, That the 
said beneficiary shall have served in the school district for a 
period of not less than ten years. 

Any teacher of such school district coming under the pro- 
visions of this act who may, by making application, or by action 
of the board of school directors, be entitled to receive the benefit 
from the public school teachers' retirement fund as provided for 
in this act shall not be entitled to receive benefit while drawing 
a salary as a teacher in active service. [L. '09, p. 512, §2. 

5995d. Mode of securing fund. 

The moneys for the use of the public school teachers' retire- 
ment fund shall be secured by a special levy upon the said school 
district, such special levy, however, not to exceed one-tenth (1-10) 
of one mill, and from any gifts or bequests which may be made 
to said fund. [L. '09, p. 513, §3. 

TEACHERS' INSTITUTES. 
5996. Institute districts — meetings — normal institute fund. 

For the purpose of organizing and maintaining teachers' 
normal institutes, the state shall be divided into the follow- 
ing institute districts, viz.: The counties of Sedgwick, Phillips, 
Logan, Yuma, Washington and Morgan to constitute normal 
district No. one (1). The counties of Weld, Larimer and 
Boulder to constitute normal district No. two (2). The county 
of Arapahoe to constitute normal district No. three (3). The 
counties of Gilpin, Clear Creek and Jefferson to constitute nor- 
mal district No. four (4) . The counties of Douglas, Elbert and 
El Paso to constitute normal district No. five (5). The counties 
of Kit Carson, Lincoln and Cheyenne to constitute normal dis- 
trict No. six (6). The counties of Fremont, Custer and Pueblo 
to constitute normal district No. seven (7). The counties of Ki- 
owa, Otero, Bent, Prowers and Baca to constitute normal district 
No. eight (8). The counties of Huerfano and Las Animas to 
constitute normal district No. nine (9). The counties of 
Saguache. Costilla, Conejos and Rio Grande to constitute normal 



THE STATE OF COLORADO. 101 

district No, ten (10). The counties of La Plata, Montezuma, 
Archuleta, Dolores and San Juan to constitute normal district 
No. eleven (11). The counties of San Miguel, Ouray, Hinsdale, 
Mesa, Delta, Montrose and Gunnison to constitute normal dis- 
trict No. twelve (12). The counties of Chaffee, Lake, Park, Pit- 
kin, Eagle, Summit, Garfield, Routt, Rio Blanco and Grand to 
constitute normal district No. thirteen (13. Provided, That new 
counties formed within the limits of any institute district shall 
be a part of said district. A normal institute for the instruction 
of teachers and those desiring to teach may be held annually, 
for a term of not less than two weeks in each normal district of 
the state. The county superintendents of each institute district 
shall annually select not more than three of their number as an 
executive committee, who, with the advice and consent of the 
superintendent *of public instruction and the president of the 
state normal school, shall determine the time and place of hold- 
ing such normal institute, and shall select a conductor and in- 
structor for the same. To defray the expense of said institute, 
the executive committee shall require the payment of one dollar 
registration fee for each person attending the normal institute, 
and each county superintendent is hereby authorized to add five 
per cent, to the average standing in examination of teachers 
who shall attend the normal institute from his county. When 
a normal institute of not less than two weeks is held in any 
institute district of the state, the executive committee in charge 
shall certify to the boards of county commisioners of the several 
counties within the district the number and names of the per- 
sons attending said institute from their respective counties, and 
it shall be the duty of the board of county commissioners of the 
county where such persons belong, to appropriate the sum of two 
dollars for each person so certified. The funds arising from 
registration fees and appropriations of county commissioners 
shall be designated the "Normal Institute Fund," and some 
county treasurer, whom a majority of the county superintendents 
of the district shall designate, shall be the custodian of said 
fund. The executive committee shall, at the close of each insti- 
tute, transmit to said custodian all funds received by it, as pro- 
vided in this section, together with the name of each person 
paying a registration fee. The executive committee shall also re- 
port to the several boards of county commissioners in the dis- 
trict, the name and address of the custodian of the "Normal In- 
stitute Fund." On the receipt of such notice the several boards 
of county commissioners shall issue warrants for the appropria- 
tions provided in this section, payable to the said custodian. It 
shall be the duty of the superintendent of public instruction, 
annually, when the executive committee of any normal institute 



102 SCHOOL LAWS OF 

district shall certify that not less than twenty persons have paid 
the registration fee, and have received instructions during the 
session of the institute, to certify the same to the auditor of 
state, who shall forward to the custodian of the "Normal Insti- 
tute Fund" of such district a warrant on the state treasurer for 
the sum of fifty dollars, to be paid out of any money appropri- 
ated for that purpose. All disbursements of the "Normal Insti- 
tute Fund" shall be upon the order of the executive committee, 
and no order shall be drawn on said fund except for claims ap- 
proved by said committee for services rendered and expenses 
incurred in connection with the normal institute. It shall be 
unlawful to pay any one from the institute fund for services as 
conductor or instructor of such institute, who does not hold a 
certificate or qualification for such work, issued by the state 
board of education, upon the recommendation of* the state board 
of examiners; Provided, That a member of the state normal 
school faculty shall be ex officio a conductor of normal institutes. 

[Apportionment of school funds for normal institute districts. Section BS92.] 

5997. Mineral county. 

Mineral county is hereby made a part of normal institute 
district number ten. 

5998. Teller county. 

The said county of Teller is hereby attached to and made 
a part of the second congressional district, the third senatorial 
district, the fourth judicial district and the fifth normal institute 
district, and is hereby attached to El Pkso county for representa- 
tive purposes. 

5999. Adams county. 

The said county of Adams is hereby attached to and made 
a part of the first congressional district, the thirteenth judicial 
district and the third normal institute district. 

APPEALS. 

6000. From district board to county superintendent. 

Any person aggrieved by any decision or order of the district 
board of directors, in matter of law or fact, may, within thirty 
days after the rendition of such decision or making of such order, 
appeal therefrom to the county superintendent of the proper 
county. 



THE STATE OF COLORADO. 103 

6001. Affidavit in support. 

The basis of the proceeding shall be an affidavit, filed by the 
party aggrieved, with the county superintendent, within the time 
for taking the; appeal. 

6002. Contents of affidavit. 

The affidavit shall set forth the errors complained of in a 
plain and concise manner. 

6003. Superintendent notify secretary — transcript. 

The county superintendent shall, within five days after 
the filing of such affidavit in his office, notify the secretary 
of the proper district, in writing, of the taking of such appeal; 
and the latter shall, within ten days after being thus notified, 
file in the office of the county superintendent a complete tran- 
script of the record and proceedings relating to the decision com- 
plained of, which shall be certified to be correct by the secretary. 

6004. Notice to parties. 

After the filing of the transcript aforesaid in his office he 
shall notify, in writing, all persons adversely interested, of the 
time and place where the matter of the appeal will be heard 
by him. 

6005. Hearing — oatiis. 

At the time thus fixed for hearing he shall hear testimony 
for either party, and for that purpose may administer oaths 
if necessary, and he shall make such decision as may be just 
and equitable, which shall be final, unless appealed from, as 
hereinafter provided. 

6006. Appeal from decision of county superintendent — procedure. 

Any person or district board aggrieved by any decision 
or order of the county superintendent in a matter of law 
or fact, may, within thirty days after the rendition of such 
decision or making of such order, appeal therefrom to the state 
board of education, in the same manner as provided in this act 
for taking appeals from the district board to the county superin- 
tendent as nearly as applicable. In case of an appeal, where a 
trial has been had before the county superintendent and a de- 
cision rendered, the state board of education shall examine a 
transcript of such proceeding and render a decision therefrom, 
but no new testimony shall be admitted. In other cases of 
appeal the said board may require of the parties such papers 
and documents as may be thought necessary, they may issue 
subpoenas and compel witnesses to attend and testify, and the 



104 SCHOOL LAWS OF 

said board shall have the power to administer oaths through its 
president. The decision of the said board, or a majority of said 
board, shall be rendered by the president, and such decision, 
when made, shall be final. When an applicant for a certificate 
at a regular examination shall feel aggrieved at the decision 
of the county superintendent, and shall appeal to the state board 
of education the questions used and answers given shall be 
examined by the said board, and if the decision of the county 
superintendent be reversed, the state board of education shall 
issue to the appellant a certificate of such grade as the answers 
shall warrant; Provided, That a good moral character and suc- 
cess as a teacher be shown. 

6007. No judgment for money. 

Nothing in this act shall be so construed as to authorize 
either the county superintendent or the state board to render 
a judgment for money; neither shall they be allowed any other 
compensation than is allowed by law. All necessary postage 
must first be paid by the party aggrieved. 

MISCELLANEOUS. 

6008. Public school defined. 

A public school is hereby defined to be a school that derives 
its support entirely, or in part, from moneys raised by a general 
state, county or district tax. 

6009. To whom schools are open. 

Every public school, except high schools, shall be open 
for the admission of all children between the ages of six (6) 
and twenty-one (21) years, residing in that school district during 
at least four school months in each year, and the school board 
shall have power to admit adults, and children not residing in 
the district, if they see fit so to do, and to fix the terms of such 
admission. 

6010. Schools to be taught in English — subjects to be taught. 

The public schools of this state shall be taught in the 
English language, and the school boards shall provide to 
have taught in such schools the branches specified in section 
fifteen of said chapter, and such other branches of learning in 
other languages as they may deem expedient, including hygiene, 
with special reference to the effects of alcoholic stimulants and 
narcotics upon the human body; and shall cause to be given in 
each school week two lessons of not less than ten minutes dura- 



THE STATE OF COLORADO. 105 

tion each on the subject of humane treatment to animals (and 
whenever the parents or guardians of twenty or more children 
of school age shall so demand, the board of such school district 
may procure efficient instructors and introduce the German and 
Spanish languages, or either of them, and gymnastics, as a 
branch of study into such school; and said district board may, 
upon like demand of the parents and guardians of children of 
school age, procure efficient instructors to teach the branches 
specified in said section fifteen, in the German and Spanish lan- 
guages, or in either of said languages, as said board may direct). 

[Section 15 referred to above is section 5991.] 

[State board of health may prescribe text book on hygiene. Section 5010.] 

6011. Effect of use of alcohol to be taught. 

That the nature of alcoholic drinks and narcotics, and 
special instruction as to their efifects upon the human sys- 
tem, in connection with the several divisions of the subject of 
physiology and hygiene, shall be included in the branches of 
study taught in the public schools of the state, and shall be 
studied and taught as thoroughly, and in the same manner as 
other like required branches are in said schools, by the use of 
text books, designated by the board of directors of the respective 
school districts, in the hands of pupils where other branches are 
thus studied, in said schools, and by all pupils in all said schools 
throughout the state. 

6012. Same — failure to teach. 

That it shall be the duty of the proper officers, in control 
of any school described in the foregoing section, to en- 
force the provisions of this act; and any such officer, school 
director, committee, superintendent or teacher, who shall refuse, 
fail or neglect to comply with the requirements of this act, or 
shall neglect, refuse or fail to make proper provisions for the 
instruction required, and in the manner specified by the first 
section of this act, for all pupils in each and every school under 
his or her jurisdiction, shall be removed from office, and the 
vacancy filled as in other cases. 

6013. School year — school month — school week — school day — holidays. 

The school year shall begin on the first day of July, 
and end on the thirtieth day of June. A school month shall be 
four weeks, a school week five days, and a school day shall not 
exceed six hours, excluding the time of intermission at noon. 
The term ''National Holidays" in this chapter shall be construed 
to mean Thanksgiving day, Christmas day. New Year's day. 



106 SCHOOL LAWS OP 

Washington's birthday, Decoration day, Labor day, and the 
fourth day of July. 

6014. School census — school age. 

A school census is hereby defined to be a census embracing 
all persons between the ages of six and twenty-one years. School 
age is hereby defined to be any age over six and under twenty- 
one years. 

[Compulsory education of children. Sections 530-546.] 
[Penalty for hazing in schools. Sections 1661-1665.] 

STATE NORMAL SCHOOLS. 

6125. School established at Greeley. 

A state normal school is hereby established at or 
near the city of Greeley, in the county of Weld and state of Colo- 
rado, the purpose of which shall be instruction in the science and 
art of teaching, with the aid of a suitable practice department, 
and in such branches of knowledge as shall qualify teachers for 
their profession. * * * 

6128. County treasurer keep separate accounts — warrants — applfcation of 

tax. 

It shall be the duty of every county treasurer in the 
state to keep separate accounts of all money so collected in pur- 
suance of this act, and to transmit the same to the state treasurer 
monthly as a separate fund, for the exclusive use of said institu- 
tion, and the state auditor shall, upon the order of the president 
of the board of trustees of such institution, countersigned by the 
secretary, draw his warrant upon said fund in favor of the treas- 
urer of said institution. The taxes so collected and paid to the 
treasurer of said institution shall be applied exclusively to the 
support, use and benefit of said institution, for the payment of 
salaries and expenses thereof, and the erection, maintenance and 
completion of such buildings as shall be determined upon by the 
board of trustees of said institution. 

6129. Board of trustees — powers. 

Said schools shall be under the control of a board of 
six trustees; the said board shall be and is hereby declared a 
body corporate by the name and style of /'The Trustees of the 
State Normal School," and as such and by its said name may 
hold property for the use of said school, be party to all suits and 
contracts, and do all things thereto lawfully appertaining, in like 
manner as municipal corporations of this state. The said trus- 
tees and their successors in office shall have perpetual succes- 



THE STATE OP COLORADO. 107 

sion, shall have a common seal, and may make by-laws and reg- 
ulations for the well ordering and government of the said corpo- 
ration and its business not repugnant to the constitution and 
laws of the state. 

6130. Trustees — -appointment — term — oath. 

The governor shall, upon the approval of this act, 
appoint, by the advice and with the consent of the senate, the six 
trustees mentioned and provided in this act, two of whom shall 
be appointed for the term of two years, two for the term of four 
years and two for the term of six years. Their terms of office 
shall begin from their appointment and qualification, and shall 
continue for the period for which they shall be so appointed, and 
until their successors are appointed and qualified. Every two 
years after the first appointment aforesaid, two trustees shall be 
appointed in like manner to succeed those whose terms are first 
thereafter to expire. Every trustee so appointed shall take and 
subscribe the oath of office prescribed by the constitution of this 
state before entering upon the duties of his office, which oath 
shall be placed and kept on file in the office of the secretary of 
state. The superintendent of public instruction shall be ex- 
officio, a member of the board of trustees of the said state normal 
school. 



APPENDIX 



Forms for the Use of Scnool Officers 
ana Teacners 



NO. 1. OATH OF SCHOOL OFFICERS. 



State of Colorado, 
County of 



I , do solemnly swear (or affirm) that I will 

faithfully perform the duties of of school district 

No.. ...... in the county of to the best of my skill 

and ability; and that I will carefully keep and preserve all rec- 
ords, books and other property of the said district that may 
come into my hands, and deliver the same to my lawful succes- 
sor in office; and, further, that I will support the constitution 
of the United States and constitution of this state, and the 
laws of this state, made in pursuance hereof; so help me God. 

C D [Seal] 

Subscribed and sworn to before me this da v 

of , 190... 

E F 

Remarks — The foregoing oath should be taken before a county su- 
perintendent, notary public, justice of the peace, or some officer duly 
authorized by lav/ to administer oaths. The county superintendent's 
oath should be filed with the county clerk within thirty days after his 
election, and the oath of district oflacers should be filed with the county 
superintendent within thirty days after their election. 



NO. 2. COUNTY SUPERINTENDENT'S BOND. 

Know all men by these presents, That we, A 

B C D and E 

F. . . . , of the county of and state of Colo- 
rado, are held and firmly bound unto the people of the state 
of Colorado, in the full and just sum of dollars, law- 
ful money of the United States, to which payment, well and 
truly to be made, we bind ourselves jointly and severally, our 
joint and several heirs, executors and administrators, firmly by 
these presents. 



112 SCHOOL LAWS OF - 

In witness Whereof, Wp have hereunto set our hands and 
seals this day of , A. D. 190 . . . 

The condition of the foregoing obligation is such, That, 

whereas, the above bounden A B was, 

on the day of , A. 1). 190. . ., duly elected (or 

appointed, if that be the case) county superintendent of schools 
of the county aforesaid, for the term of ; 

Now, therefore, if the said A B 

shall faithfully perform all the duties of said office, according 
to the laws which now are, or may hereafter be in force, and 
shall render a just and true account of all money or other prop- 
erty which may come into his hands or under his control as su- 
perintendent of the schools of said county, and shall deliver 
over to his successor in office all moneys, books, papers and prop- 
erty in his hands as such county superintendent, then this obliga- 
tion shall be void ; otherwise it shall remain in full force. 

A B [Seal] 

C D [Seal] 

E. , F [Seal] 

Signed, sealed and delivered in the presence of 

L M 

o: P 



Remarks — The penal sum named in the bond is to be fixed by the 
board of county commissioners, but in no case shall the sum be less 
than $2,000. 



NO. 3. PETITION OF PARENTS AND GUARDIANS WHO DESIRE TO 

FORM A NEW DISTRICT FROM PARTS OF ONE 

OR MORE OLD ONES. 

To : ... . 

County Superintendent of Schools, County : 

We, the undersigned, residents of district (or districts) No. 

, respectfully represent that we desire to form a new 

district, with boundaries as follows, viz, : [Here describe the pro- 
posed bounds, following government lines as far as practicable.] 
We further declare that, collectively, we are the parents or guar- 
dians of at least ten children of school age, and we hereby cer- 
tify that the list of names of persons of school age which is at- 



THE STATE OP COLORADO. 



113 



taehed to and made a part of this petition, is a correct list of all 
such persons residing in the proposed district. 



NiAME. 


NAME. 


■ 





NAMES OP PERSONS OP SCFIOOL AGE. 



Remarks — Give postofflce address of some or all signers. The list 
of children should be carefully filled up by some person interested in 
the change before the paper is circulated for signatures. 



NO. 



4. ORDER DIRECTING A PETITIONER TO GIVE NOTICE OF 
MEETING TO FORM NEW DISTRICT. 



0£fice of 

County Superintendent of Schools, 

County, Colorado. 



To C. 



D 



You are hereby notified that I haye received a petition 
signed by yourself and others, informing me that you desire to 
form a new school district of the territory described as follows, 
to-wit: [Description as aboye.] In order that the wishes of 
the residents of said proposed district may be ascertained, you 
will please notify, by personal service as far as convenient, each 
elector residing therein, and also post notices in three public 
places (one of which shall be the place of meeting) that such a 



114 SCHOOL LAWS OP 

petition has been made, and that a meeting will be held, naming 
the time and place of such meeting, to determine whether such 
district shall be formed. You will, also, please notify me by 
mail of the time and place of such meeting. 

Respectfully yours, 



County Superintendent. 

Remarks — In the formation of a new district, every step should be 
strictly in accordance with the law. 

The notices posted should contain a clear description of the pro- 
posed district. 



NO. 5, NOTICE FOR A MEETING TO ORGANIZE A NEW DISTRICT. 
SCHOOL DISTRICT MEETING. 

To all whom it may concern: 

Whereas, It is proposed to organize a new school district in 

that part of County described as follows, 

to-wit: [Description.] Notice is hereby given, as per direction 

of the county superintendent of public schools of said county, 
that a meeting of the electors residing within the boundaries 

aforesaid will be held at on the day 

of , A. D. 190. . ., at ...... o'clock 

.... m., when a vote will be taken by ballot on the question 
whether or not the proposed district shall be organized. If the 
vote shall be in the affirmative, a board of directors will then be 
elected. 

By order of County Superin- 
tendent of Schools. 

C D 

Dated .., 190.. . 

Remarks — ^After the organization, a copy of the notice and of the 
proceedings of the meeting should be sent to the county superintendent. 

The ballot box should be kept open long enough to give every 
elector an opportunity to vote — never less than three hours. 

If the proceedings were in accordance with the law, the county 
superintendent should number and record the district, and notify the 
secretary of his action. 



THE STATE OF COLORADO. 115 

NO. 6. BOND TO BE GIVEN BY THE SECRETARY OR TREASURER 
OF EACH SCHOOL DISTRICT. 

State of Colorado, 
County of 

Know all men by these presents, That we, A 

B principal, and C , D , 

and E , F , sureties, are held and firmly 

bound unto School District No , in the County 

of • , state of Colorado, in the full sum 

of dollars, lawful money of the United 

States, to which payment, well and truly to be made, we bind 
ourselves jointly and severally, our joint and several heirs, execu- 
tors and administrators, firmly by these presents. 

In witness. Whereof, We have hereunto set our hands and 

seals this day of A. D. 

190 .. . 

The condition of the foregoing obligation is such. That, 

whereas, the above bounden A B was, 

on the day of A. D. 190 ... , 

duly elected (or appointed) Secretary (or Treasurer) of School 

District No , in the county of , and state 

of Colorado, for the term of 

Now, therefore, If the said A. . . and B 

shall faithfully discharge all the duties of said office, according 
to the laws which now are, or which may hereafter be in force, 
and shall faithfully apply all moneys which may come into his 
hands by virtue of said office, and shall deliver over to his suc- 
cessor in office all moneys, books, papers and property in his 
hands as said officer, within ten days after the same shall have 
been demanded by such successor, then this obligation shall be 
void ; otherwise it shall remain in full force. 

A B.. [Seal] 

C. D...... [Seal] 

E F [Seal] 

Signed, sealed and delivered in presence of 

L M 

X Y 

Remarks — The penal sum named in the above bond should be at 
least twice the amount likely to be in the hands of the officer at any one 
time during the term .of office. 

The bond must be filed with the county superintendent. 



116 



SCHOOL LAWS OF 



NO. 7. REQUEST TO BE MADE BY TEN LEGAL VOTERS OF A DIS- 
TRICT TO THE BOARD OF DIRECTORS, FOR THE 
CALLING OF A SPECIAL MEETING. 

To the Board of Directors of School District No iu 

County, Colorado : 

The undersigned, legal voters of school district No , 

in County, Colorado, request you to call 

a special meeting of said district for the purpose of 

Dated this dav of A. D. 190 . . . 



NAME. 



NAME. 



NO. 8. NOTICE OF SPECIAL MEETING. 



Notice — A special meeting of the legal voters of School 

District No , in the county of , called on 

the written request of ten legal voters (or called by the district 
board, as the case may be), will be held at (the district school 

house or other place) on the day of 

, 190. . ., at o'clock (p. m.), 

for the purpose of (here specify every item of business that is to 
be brought before the meeting) . 

A B 



Posted 190 . . 



■Secretarv. 



Remarks — This notice should be posted at least twenty days previ- 
ous to the meeting, in three separate public places within the district, 
and a copy furnished to the teachers of each school in the district, to be 
read once in the presence of the pupils. 

Business "not specified in this notice can never be lawfully trans- 
acted at such special meeting. 



THE STATE OF COLORADO. 117 

NO. 9. NOTICE OF ANNUAL MEETING. 

Notice is hereby given, That the annual meeting of the legal 

voters of school district No , in the county 

of ! . '. , will be beid ( at the school house or 

other place) on Monday, the day of May, 

190..., for the purpose of electing (one or more) directors, as 
provided by law. 

The ballot box will be opened at the hour of m., 

and closed at the hour of m., and at m. the 

meeting will be organized for the transaction of any other busi- 
ness pertaining to school interests that may be brought before it. 



Secretary of School District No 

County of 

Posted April , 190. .. 

Remarks — The secretary of the district should give at least six 
days' previous notice of the regular meetings of the district (see section 
5918), and should post the notices and furnish a copy to the teachers in 
the same manner as for special meetings. 



NO. 10. RECORDING PROCEEDINGS OF A MEETING HELD FOR 
THE PURPOSE OF ORGANIZING A NEW SCHOOL DISTRICT. 

190. . . 

On the .... day of , 190 . . . , a petition, of 

which the following is a true copy, was made to X 

Y , county superintendent of public school of 

County, to-wit : (Here copy the petition.) Where- 
upon the said county superintendent issued an order, of which 
the following is a copy, to-wit: (Here insert copy of the order.) 
In obedience to which order the following notice was posted, 
as required by section 5907 of the school law, to-wit : (Here insert 
a copy of the notice.) 

In pursuance of the above notice, the electors of the pro- 
posed new school district assembled at at 

o'clock . . . m. The meeting was called to order by A 

B , and, on motion, C ' D 

was elected chairman, and E F secre- 
tary. On motion, G H was elected to 

act with the chairman and secretary as judges of election. On 

motion of K L , the electors began to 

vote by ballot upon the question of forming a new school dis- 
trict. The ballot box remained open for the reception of votes 
from .... o'clock . . . m., until .... o'clock . . .m. Upon count- 



118 SCHOOL LAWS OP 

ing the ballots it was found that ballots were cast, 

of Avhich were in favor of the organization and 

against. 

On motion of J K , the meeting 

proceeded to elect, by ballot, a board of directors. The follow- 
ing are the names of the persons voting: (Here record the names 
of persons voting.) The ballot resulted in the election of 

D president ; E F 

secretary, and G H treasurer, etc., etc. 

On motion of C D the meeting ad- 
journed sine die. 

C. .. D , 

Chairman. 

Attest: E F , " 

Secretary. 

Remarks — A copy of the proceedings should be sent to the county 
superintendent, together with the certificate of some elector, that the 
notice of the meeting was posted in three public places, as required by 
law. The person who posted the notice should sign the certificate of 
posting. 

If the district is formed from unorganized territory, the secretary 
must send with this report a certified list of the names of persons of 
school age residing in the district. 

A permanent record of the proceedings should be made in the secre- 
tary's books. 



NO. 11. RECORDING PROCEEDINGS OF A REGULAR OR SPECIAL 
MEETING OF THE DISTRICT. 

The regular (or special, as the case may be) meeting of school 

district No , in county, Colorado, convened 

at , at .... o'clock (p. m.), pursuant to previous 

notice given by the district secretary. 

The meeting was called to order by the president. 

The secretary being absent, on motion of Mr. A 

C D was elected secretary pro tern. 

Mr. S moved that a tax of two mills on the dol- 
lar be voted for the purpose of building a school house for the 
district. 

Mr. F ............ moved to amend by striking out "two" 

and inserting "five," which was agreed to, and the motion as 
amended was decided in the affirmative. 

Mr. D moved that a tax of one mill on the dollar 

be levied for the purpose of defraying the contingent expenses 
of the district. 

Motion carried. 



THE STATE OP COLORADO. 119 

On motion of Mr. F the meeting adjourned 

sine die. 

L M , 

, President. 

Attest : C D . . , 

Secretary. 

Remarks — Forms 10 and 11 are given with a view of assisting the 
inexperienced. Persons familiar with such duties may vary the form, 
provided that the proceedings are accurately recorded. 

Much depends on the record of the proceedings of the district meet- 
ing; hence it should be correctly made and carefully preserved. 

Under the law, the voting of a tax for any purpose must be, in each 
year, "On or before the day designated by law for the county commis- 
sioners to levy the requisite taxes for the then ensuing year," and school 
boards certify the same to the county commissioners. 



NO. 12. COUNTY SUPERINTENDENT'S NOTICE OF APPORTION- 
MENT TO THE DISTRICT SECRETARY. 

Office of 

County, Superintendent of Schools, 

, County, Colorado. 

To A B , 

You are hereby notified that I have this day apportioned to 

your district the sum of dollars, of the general school 

fund, which amount has been placed to the credit of your dis- 
trict on the books of the county treasurer. 

Secretary of School District No. .... ., 

In County : 



County Superintendent. 



Remarks — This notice should be sent immediately after each appor- 
tionment. 



NO. 13. FORM OF TEACHER'S CONTRACT WI.TH DISTRICT 

BOARD. 

TEACHER'S CONTRACT. 

STATE OF COLORADO. 

Date : . . 

M 

At a meeting of the board of directors, held this day 

of , 190 . . . , you were appointed to teach in the 

public schools of District No for the terms beginning 



120 SCHOOL LAWS OF ' 

and ending with, the school month of . , 

at a salary of dollars (| ) per school month, 

payable monthly in warrants on the county treasurer as pro- 
vided for in sections 5934, 5901, school law. 

The conditions of this appointment are, that you will faith- 
fully observe the rules a,nd regulations adopted by the Board 
for the government of the public schools of this district; that 
you will exercise due diligence in the preservation of school 
buildings, grounds, furniture, apparatus, books and other school 
property ; that you will make promptly and correctly all reports 
of the school as required by the county superintendent ; that you 
will keep a correct register and file the same with the president 
or secretary of the board or the principal of the school, at the 
close of the school year as required in section 5995, school law; 

that you will hold a legal certificate of the grade, 

issued or approved by the county superintendent of 

County. The board reserves the right to increase or diminish 
the number of months of school that shall be held during the 
terms for which you are employed, by giving at least fifteen days' 
notice. 

By the President, 

Attest : , Secretary. 

I hereby accept the appointment to teach in the public 

school district No , County, on 

the conditions above stated. 

Respectfully, 

\ . , Teacher. 



INDEX 



INDEX 



NOTE^-Numbers at right refer to sections of law and Constitution; Roman 
numerals', to Constitution only. 

A 

ABSENCE— Section 
of school officer works vacancy 5934 

ACCOUNT— 

of district funds, county treasurer render statement 5900 

of each district kept separate by county treasurer ..5901 

of district expenses kept by secretary 5936 

of warrants issued by district kept by district treasurer 5940 

of fines, penalties and forfeitures 5S97 

ADJOURNMENT— 

school board — meetings of ■^.■■. v 5923 

of district meetings 5955 

ADMISSION— 

to union high school 5969 

to public schools •■^- 6009 

ADULTS— 

admitted to public schools, when 6009 

AFFIDAVIT— 

on appeal to superintendent— when filed— contents 6C01-6002 

in case of appeals 6001-6002-6003 

of secretary to census list 5935 

AGE— 

deaf mutes included in school census 5939 

of pupils in deaf and blind school f 4334 

of voter at school election 5919 

of children entitled to attend public school 6009 

of persons in school census 5935-6014 

school age defined 6014 

ALCOHOLIC DRINKS AnC) NARCOTICS— 

nature and effect of, taught in public schools 6011 

study of, require hygiene and physiology in schools 6011 

study of, enforced by school officers- penalty 6012 

cigarettes— effect of— taught— in public schools 6010 

ANIMALS— 

humane treatment of, taught in public schools 6010 

ANNEXATION— 

of territory to district 590S 

ANNUAL MEETING— 

for election of members of school board 5918 

of state board of education 5867 

ANNUAL REPORT- 

of county superintendent to state superintendent 5880 

of county treasurer 5900 

of district secretary to county superintendent 5936 

of district treasurer 5940 

of school board to county superintendent 5925 

of teacher 5995 



124 INDEX. 

APPEAL— Section 

from district board to county superintendent 6000 

affidavit 6001 

contents of affidavit 6002 

superintendent notify secretary— transcript 6003 

notice to parties 6004 

hearing appeal— oaths 6005 

- by applicant for certificate to state board 6006 

from county superintendent to state board— procedure 6006 

taken within thirty days— transcript 6006 

president of board may administer oath on 6006 

decision of board final on 6006 

no judgment for money 6007 

to state board of education by teacher 5994 

from county superintendent holding child not instructed at home 530 

APPEALS— 

hearing— oaths 60U5 

APPOINTMENTS— 

of county superintendent in case of vacancy 5878 

of district director by county superintendent 5884 

by board in first-class districts 5925 

of judges and clerks of election in first-class districts 5918 

of members of high school committee 5961-5977g 

APPORTIONMENT— 

of general fund— when no report and census list filed 5938 

of state normal institute fund 5892 

APPORTIONMENT OF SCHOOL FUNDS— 

published 5881 

by county superintendent 5888 

in July— basis : 5SS9 

basis of all apportionments 5889 

according to census ._ 5890 

when district fails to report census 5938 

first, after the organization of new district 5912 

of money from unpaid special taxes due district after division 5912 

district not having three months school not entitled to 5891 

by superintendent of public instruction 5887 

ARBOR DAT- 
see "Holidays." \ 

ASSESSOR— 

see "County Assessor." 

ASSISTANT LIBRARIAN— 

see "Librarian." * 

ATTENDANCE— 

at night school— equivalent to half time '. 546 

of pupils— stated in report of board 5936 

ATTORNEY GENERAL— 

member of state board of education 5866 

B 

BALLOT— 

at meeting to issue bonds — from 5945a 

for refunding bonds— form of 5953 

election of school directors by 5918-5919 

BIBLE— 

no sectarian tenets taught in school ix-S 

no religious instructions in public school 5981 

BIENNIAL REPORT— 

of superintendent of public instruction iv-lT 

of superintendent of public instruction 5875 



INDEX. 125 

BLIND— Section 

see "Deaf and Blind." 

BLANK BOOKS— 
see "Books." 
superintendent public instruction print and furnish teachers and others.. 5874 

BLANK FORMS— 
see "Forms." 

BLANKS— 

for reports supplied by superintendent of public instruction 5995 

BOARD OF COUNTY COMMISSIONERS— 
see "County Commissioners." 

BOARD OF DIRECTORS— 
see "Directors." 

BOARD OP EDUCATION— 

see "State Board of Education." 

BOARD OF LAND COMMISSIONERS— 
See "State Land Board." 

BOND— 

of county superintendent— amount— approval— filing 5877 

of secretary of school board — conditions — approval— filing- 5935 

of state superintendent — amount — approval — where deposited 5872 

BONDS— 

question of bonds submitted to voters 5942 

limitation of bonded debt 5942 

meeting for voting bonds for school buildings, purchasing ground or 

funding debt 1 5942 

amount to be determined by school directors 5943 

notice of election 5944 

only taxpayers vote 5942 

voting place for 5945 

who act as judges 5945 

form of ballot 5945a 

challenge at election 5945b 

returns certified to board of directors 5945c 

coupon bonds issued, interest — payable, etc 5945d 

bonds negotiable 5945e 

signed by president and treasurer 5945e 

county commissioners assess tax 5945f 

tax collected in ca.sh 5945f 

district treasurer pay bonds 5945c 

county treasurer pay any surplus to the credit of the school district 5945f 

. redemption bonds 5945f 

bonds registered how 5945g 

district in city under special charter .5945h 

no new registration required 5945i 

, registration books purchased by county treasurer 5945i 

removal of elector 5945k 

registration books returned 59451 

judges of election receive registration books 59451 

petition for purging registration lists 5945m 

repealing clause 5945n 

redemption of bonds 5945f-5946 

issued under territorial laws — redemption of — premium 5946 

United States and state— purchased by district treasurer 5947 

how kept— proceeds, interest coupons— sale 5947 

change of boundary not release property from taxes 5948 

annexed property liable to tax for bonds 5948 

county treasurer's fees 5949 

how executed— countersigned 5945e 

directors refund bonded indebtedness 5950 

what laws apply to issue and payment— except 5951 

county board levy tax — treasurer collect 5952 



126 i];<rDEX. 

BONDS— Continued. Section 

submission for refunding— against refunding 5953 

refunding of, voted upon 5953 

bonded indebtedness for higli school purposes 5977q 

challenge in election for high school bonds..' 5977q 

limit of bonded indebtedness in high school bond 5977q 

high school bonds countersigned by president and secreta:ry 5977q 

high school bonds to be registered in a special book 5977r 

commissioners levy tax for payment of interest on high school bonds — 5977s 

district treasurer pay high school bonds 5977s 

county treasurer cancel bonds redeemed 5977s 

redemption of high school bonds , 5977t 

change in boundary not affect taxable district for high school bonds 5977u 

annexed property liable to tax for high school bonds 5977u 

compensation of county treasurer 5977v 

BOOKS— 

see "Blank Books." 

used in schools— stated in report of board 5936 

of secretary open for inspection 5937 

BOUNDARIES— 

lines of district changed— not affect bonds 5948 

of school district— county superintendent make record , 5885 

of new district organized from old 5907 

lines of district changed— not affect high school bonds 5977u 

BRANCHES— 

taught, stated in report of board 5936 

common— may be taught in German and Spanish, when 6010 

BUILDINGS— 

bonds for erecting and furnishing schools 5942 

creating debt to erect or furnish 5919 

general fund not used for 5898 

for district high schools— directors build or lease, when 5926 

BY-LAWS- 

directors make ' 5924 

CANCELLATION— 

of district bonds , . . .5945f -5977s 

of warrants 5901-5902 

CANDIDATE— I 

for school director in first and second-class districts 5919 

CENSUS— 

see "School Census." 

CENSUS LIST— 

county superintendent examine, correct 5939 

basis of apportionment for school fund 5889-5890 

CERTIFICATE— 

of secretary to the record on appeal 6003 

of attendance of child at school 541 

CERTIFICA"TES— 

state board grant to applicant upon appeal— when ' 6006 

grades of— renewal— record 5994 

first grade, life of — renewal 5994 

renewal optional with county superintendent 5994 

endorsement of first grade 5994 

second grade, life of 5994 

second grade, can not be renewed 5994 

second grade, can not be changed without examination 5994 

third grade, life of 5994 

third grade, invalid, when 5994 

like grade 5994 



INDEX, 127 

CERTIFICATES— Continued. Section 

revocation of certificates 5994 

permits not granted 5994, 

expiration of 5994 

from other counties optional 5994 

appeals from > county superintendent 6994 

of first-class districts 5994 

temporary 5991 

granted by county superintendent— when 5991 

applicant for teachers, pay fee 5992 

expiration of, during term 5990 

Necessary to teach— expiration of ' 5990 

not required— when 5990 

renewal of— new 5994 

expiration of certificate during term ■ 5990 

state diplomas granted by state board of education _. 5868 

state certificates granted by state ,board of examiners upon examina- 
tion 5S69a-b 

state diplomas without examination 5869c 

temporary non-renewable certificates 5S69f 

diplomas granted to graduates of colleges situated in Colorado, when.. 5869c 

life of state licenses 5S69f 

requirements for state diplomas 5869c 

state diplomas to persons teaching in the public high schools, when 5S69d 

diplomas for eminent service 5869e 

diplomas revoked - 5870 

CHALLENGE— 

at meeting to issue bonds 5942 

of vote at school election — oath 5919 

CHILDREN— 

under fourteen not employed during school hours— exception 531-541 

between eight and fourteen sent to school— exception 542 

must attend school — exception 530 

employer keep record of school attendance— failure— penalty 531 

employer furnish evidence to truant oflficer.' 532 

truant and incorrigible— juvenile disorderly persons 533 

commitment of 536 

school board provide books for indigent 5925 

of county attend union high school 5956 

age of, to attend kindergarten 5927 

employment of between fourteen and sixteen unlawful, when 532 

. during school hours, unlawful 541 

under fourteen unlawful ■ 531 

in mine or smelter 547 

arrest of person violating act 548 

penalty 549 

to exhibit under fourteen imlawful 550 

to hire to exhibit 551 

delinquent, defined 586 

CHURCH— 

appropriation to, from school fund prohibited ix-7 

CITIZEN— 

qualification of - vii-1 

CLASSES— 

of school districts 5915 

CLERKS— 

of election appointed in first-class districts 5918 

CLOTHING— 

furnish indigent children 542 

COMMITTEE— 

"of union high school 5956 

term of members 5961 



128 



INDEX. - 



COMMITTEE— Continued. Section 

vacancies, how filled 5961 

meetings of 5961a 

powers of 5961a 

elections of 5971 

COMMON SCHOOLS— 

sections 16 and 36 of eacli township for support of En. act. 

COMPENSATION— 

of county treasurer for collecting special taxes 5949 

of truant officer 534 

of county superintendents 2575 

of deputy county superintendents 5879 

of teacher, stated in report of board 5936 

of secretary school board fix 5925 

none to members of board, except secretary 5925 

of deputy county superintendent for holding examinations 5991 

of secretary of high school committee 5961 

teacher not dismissed without receiving 5990 

withheld until register is filed by teacher 5995 

COMPULSORY EDUCATION— 

provisions concerning ix-ll 

unlawful to employ children under fourteen— except '. 541 

penalty for employing children under fourteen 541 

of children— exception— clothing 542 

no school within two miles— children exempt 542 

applied to ages .■ 542 

demands not met by teaching German 542 

failure to comply with — misdemeanor— penalty 543 

duty of school directors to prosecute— penalty 544 

malicious prosecution 545 

attendance at night school equivalent to half time 546 

children sent to school— exception— appeal 530 

penalty for employing children under fourteen 531 

minors between fourteen and sixteen must read and write— duty of 

employer. . 532 

demands not met by teaching German 532 

truant— juvenile disorderly person, who is 533 

truant officer — powers— duties— record 534 

truant officer— conviction of parent— bond— defense 535 

commitment of juvenile disorderly person— term— expense 536 

child unable to attend school— relief 537 

violation of law— penalty 538 

second conviction— penalty— jury trial 539 

not apply to district without accommodations 540 

CONSTITUTION— 

Executive Department iv-1 

term of office— residence— duties— seat of government iv-1 

state officers— election— returns— canvass— contests iv-3 

eligibility— first election— thereafter— age^residence iv-4 

governor appoint offlcers—vacancy—election— senate confirm iv-6 

governor demands information from ofllcers iv-8 

officers keep account of moneys — semi-annual reports iv-16 

officers executive department— biennial report— governor transmit iv-17 

officers receive salary— fees paid into treasury iv-19 

superintendent of public instruction, ex-offlcio librarian iv-20 

Suffrage and Election vii-1 

citizenship .' vii-1 

universal suffrage vii-2 

absence in civil or military service vii-4 

privilege of voters vii-5 

electors only eligible to office vii-6 



INDEX. 129 

CONSTITUl ION"— Continued. Section 

prisoners disqualified — restoration— pardon or full service vii-10 

State Institutions viii-1 

charitable institutions established viii-1 

territorial institutions become state — transfer viii-5 

Education ix-1 

board of education— members — president '. ix-1 

trev schools — one in each district — three months ix-2 

school fund inviolate^ — state treasurer custodian ix-3 

county treasurer collect and disburse — warrants ix-4 

school ' fund— of M^hat consists ix-5 

county superintendent commissioner of lands ix-ii 

aid to sectarian schools, churches forbidden ix-7 

religious test forbidden — sectarian tenets — race — color ix-S 

board of land commissioners — members— powers ix-9 

public lands — location — sale— disposal ix-10 

compulsory education ix-11 

university— regents— election ix-12 

regents elect president— powers ix-13 

regents control universitj^— funds ix-14 

school district — board of education ix-15 

text books— general assembly nor board shall prescribe ix-16 

Revenue x 

exemption— lots — buildings for worsltip— schools x-5 

corporations subject to tax.' - x-10 

making profit oil public money felony x-l"! 

Public Indebtedness xi 

lending or pledging credit of state', county, city, etc., forbidden xi-1 

>aid to corporation — interest in — by state, county, city, joint ownership xi-2 

loans for school buildings — vote — qualifications , — xi-7 

this article not affect prior obligations xi-9 

Officers xii 

civil officers — oath xii-S 

oath where filed — with whom xii-9 

refusal to qualify — vacancy xii-10 

vacancy — term of office^ — elected to fill .xii-11 

Counties xiv 

clerk and recorder — sheriff — coroner — treasurer — election xiv-S 

vacancies— appointments— governor — county commissioners xiv-9 

elector only eligible xiv-10 

classify counties as to fees xiv-15 

CONTRACTS— 

see "Public Contracts." 

CONVICTION— 

for second violation of compulsory education law 539 

CORPORATIONS— 

taxation for school purposes...: x-10 

COST— 

of school stated in report of board .5936 

COUNTIES— 

classification of— for high school ' 2977a 

school order called 1326 

when office becomes vacant ...1359 

county school tax levy 5893 

failure to make— penalty '. 5894 

COUNTY ASSESSORS— 

a,rrange tax schedules — list property on May 1st 5895 

COUNTY CLERK— 

levy minimum rate of tax for school purposes 5894 

make change of requisition 5945k 



130 INDEX. 

COUNTY COMMISSIONERS— Section 

fill vacancy in any county office xiv-9 

levy special tax to pay interest on bonds ^ 5945f 

levy tax to pay district bonds 5952 

fill vacancy in office of county superintendent 5S78 

allow mileage to county superintendent, v(?hen 2575 

provide office, supplies, etc., for county superintendent 5886 

levy hig-h school tax— limit of 5977p 

make appropriation for normal institute — issue warrants 5996 

levy county school tax — increase minimum rate — levy special tax 5893 

levy special school tax for ensuing year 5895 

COUNTY COURT— 

try parent or guardian of truant child 535 

commit juvenile disorderly person 536 

inquire into question of truancy on petition 5982 

clerk of — issue writ 5983 

commit from truant school to reformatory 5988 

COUNTY OFFICERS— 

election of xiv-8 

vacancy in office— how filled xiv-9 

qualifications xiv-10 

COUNTY SCHOOL TAX— 
see "Taxes." 

COUNTY SUPERINTENDENTS— 

term of office — duties — qualifications — compensation ix-6 

ex-officio commissioner of lands ix-6 

election of xiv-8 

vacancy in office — how filled xiv-9 

notify secretary of appeal— advise parties of hearing £003 

administer oaths — decision 6005 

not render judgment for money 6007 

keep record of examinations and applicants 5994 

revoke teacher's certificate — cause of 5994 

election— term— oath and bond of 5877 

failure to qualify — vacancy in office — appointment 5878 

when office becomes vacant , 1359 

classification of counties to regulate salaries 2575 

compensation of— office hours 5886 

expenses — how paid 5886 

appoint deputy— how paid 5879 

deputies and assistants — compensation 2580 

of first class may employ — salary 2580 

annual report to superintendent of public instruction 5880 

penalty for failure to report 5882 

administer oaths 5883 

duties of county superintendent -5881 

keep record of books furnished school directors 5881 

public apportionment of school funds 5881 

appoint directors 5884 

vacancies on boards— how filled 5884 

director must reside in district 5884 

boundaries of school districts — record 5885 

prepare map of school district 5S85 

apportionment of county school fund 5888 

certify apportionment of school fund 5888 

notify district secretary of school apportionment 5888 

basis of apportionment of funds 5889 

apportionment. , 5890 

maintain suit against county treasurer 5899 

report blind and deaf persons '. 4334 

approve bond of treasurer— file ^ 5922 

fill vacancy caused by failure to qualify 5922 



INDEX, 131 

COUNTY SUPERINTENDENTS— Continued. Section 

call meeting for organization of new disti'ict from old 5907 

establish and number new district 59C8 

transfer to other districts 590S 

annex or detach territory to district 5909 

annul district 'and annex territory E910 

extend time for opening school in new district 5910 

divide funds upon formation of new district 5912 

apportion moneys received from unpaid special taxes to new district — 5912 

hold examination of teachers 5991 

collect fee from applicant for teacher's certificate 5992 

forward to superintendent of public instruction 5992 

look after fines — penalties and forfeitures — report 5S97 

call meeting of boards of directors of county for union high school 5956 

member of union high school committee 5956 

fill vacancy in union high school committee 5977g 

call meeting of directors to elect county high school committee 5977f 

member of county high school committee — secretary ex-oflicio 5977f 

select normal institute committee — add to teacher's standing for. attend- 
ance. . . 5996 

certify to county commissioners to maintain school— basis of estimate 5893 

COUNTY TREASURER— 

duties in relation to school funds of county ix-4 

election of xiv-8 

collect special tax — cash — cancel bonds........ 5945 

compensation collecting special taxes 5949 

countersign district bonds .^ 5943 

collect taxes to pay bonds — pay to district treasurer 5945f-5952 

cancel bonds redeemed 5945f 

duties of -. 5900 

keep account of fund of each school district 5900 

make annual statement of school funds— to whom 59C0 

certify arnount of tax collected and uncollected 5899 

failure to pay over tax— penalty 5899 

separate account each district — endorse warrants — pay notice of funds 5901 

warrants 5901 

county treasurer cancel all school orders 5902 

county treasurer render quarterly statemetit to school board 5901 

pay orders as registered 1326 

county treasurer furnish blanks to district board 5904 

transfer funds of united district 5909 

retain unpaid special taxes for new district 5912 

report to county superintendent amount of fines received 3874 

pay high school tax on warrant 5977p 

custodian of normal institute fund 5996 

collect county school taxes 5893 

arrange tax schedules 5S95 

collect tax for payment of interest on high school bonds.. 5977s 

cancel high school bonds after payment 5977s 

compensation of — for collection of special taxes 5977v 

COUPON— 

school directors — bonds issued 5945d 

COURSE OP STUDY— 

school board fix 5925 

D 

DEAF AND BLIND— 

secretary ascertain number bliAd and deaf 5939 

institute located at Colorado Springs 4313 

blind, deaf or mute attend — county superintendent's report— support 4334 



132 INDEX. 

DEBT— Section 

contract only by vote of elector's xi-7 

of school district bj^ loan xl-? 

meeting- for contracting- bonded 5942 

election to contract— who vote 5919 

DECISION— 

of county superintendent upon appeal 6001-6005 

of state board of education vipon appeal 6006 

DEFICIT—. 

in union high school fund 5966 

DEPUTY— " 

county superintendent appoint— compensation 5S79 

county superintendent may be employed— compensation 25S0 

DIPLOMAS— 

of kindergarten teachers ; 5927 

state to whom issued 586S 

classes of : 5S69a-e 

revoked by state board of education 5870 

of state normal school grant — evidence 6141 

license to teach 5869f 

DIRECTORS— 

of school district— iiumber — powers ix-15 

name text books for study of alcohol and narcotics 6011 

enforce law — penalty 6012 

may appeal from county superintendent 6006 

call meeting- for issuing bonds 5942 

may refund bonded indebtedness 5950 

examine teachers in district first-class — grant certificate — report to county 

superintendent 5994 

furnish clothing to indigent children ■. 542 

prose'cute violation of compulsory education law 544 

failure to comply with the law— penalty 544 

in districts of first and second-class appoint truant officer 534 

county superintendent appoint to fill vacancy.-. 5S84 

board — elected annually in each district — number— classification 5915 

qualifications of 5915 

election of : 5915 

classification of districts 5915 

witness fees not allowed 5915 

secretary and treasiirer, oflice distinct 5915 

qualify in twenty days — oath — treasurer's bond — failui e .5922 

oath of 5922 

qualifjr in twenty days , 5922 

bond of 5922 

hold regular, special or adjourned meetings 5923 

call special meeting in district third class 5954 

notice of meeting 5934 

president signs orders on county treasurer 5934 

president appears in suit 5934 

absence beyond thirty days works vacancy 59.34 

duties of secretary — bond 5935 

high school directors sign, countersign bonds issued 5977q 

census list 5935 

further duties of secretary — report 5936 

secretary give notice— how 5936 

secretary render statement— books for inspection 5937 

failure of secretary to report — duty of state superintendent 5938 

control teachers' retirement fund 5995b 

treasurer countersign warrants— account— failure — penalty 5940 

warrants— issuance of 5940 

delinquent officers- penalties 5941 

fill vacancy in boards of first-class district 5924 



INDEX. • 13;3 

DIRECTORS— Continued. " Section 

powers of directors 5925 

employ and discharge teachers 5925 

enforce rules and regulations of state superintendent 5923 

when provide books, when free text-books 5925 

number of teJachers— length of school— opening and closing 5925 

fix course of study — exercise— text-books, etc 5925 

hold real estate and personal property in trust * 5925 

may purchase or sell school lots 5925 

provide school furniture— supplies for board : 5925 

rent, repair, insure, build or remove school houses 5925 

reciuire teachers to conform to law 5925 

suspend or expel pupils— exclude from school 5925 

admit pupils from adjoining districts 5925 

make report to state superintendent 5925 

make report to county superintendent 5925 

fix wages, tuition, compensation of secretary ^ 5925 

hire teachers 5925 

school furniture 5925 

discharge teachers 5925 

fix salary 5925 

compensation allowed secretary 592p 

powers of board 5925 

tuition 5925 

fix course of study — special branches— admittance 5925 

school houses— rent— repair— build, etc 5925 

custodian of school property ". 5925 

suspend or expel pupils 5925 

* number teachers— time' 5925 

furnish clothing for indigent 5925 

use of district funds : 5925 

special levy ^ 5925 

auditing of bills 5925 

president and treasurer sign bonds 5945o 

treasvirer pay district bonds. 5945f 

treasurer pay high school bonds 5977s 

treasurer collect interest coupons 5C47-5977t 

when changed from second to first class district— who constitutes 5916 

election of— for new district 590S 

when Joint district formed from first-class district 5909 

uniting with lower 'class — who constitutes -5909 

. order more than one voting place in first-class district 5918 

candidate for, in first and second-class district 5919 

may purchase flag— flagstaff— pay for 592S-5929-5930 

not use general fund for building or lots — exception .5898 

elect high school committee— fill vacancy 5961 

establish district high school— powers — build or lease ...,5926 

may establish and maintain kindergartens £927 

not interested in contract for district .5994 

designate branches to be taught in schools. 6010 

may admit adults and non-residents to public schools 6009 

levy special tax for expense of schools 5S9o 

certify necessary levy for special fund 5895 

may order levy for library 5895 

not consider levy of special tax 5896 

not employ teacher without a certificate ' 5990 

elect directors of consolidated district , 5911c 

purchase site in consolidated districts RSIld 

furnish transportation — when 59nd 

funds of consolidated district 5912 

DISMISSAL— 

of teacher, for good cause 5900 



134 \ INDEX, 

DISPLAY— Section 

of American flag 5928-5929 

of other than Unite'd States flag— penalty .• 2596-2597 

DISTRICTS— 

failing to maintain a school— no funds ix-2 

organizing of general provision ix-15 

restriction upon indebtedness by xi-7 

coupon bonds of, issued..., 5942 

call special meetings to vote on bonds 5942 

change in boundary line — not release property from 'bond tax 5848 

lack accommodations to seat children — compulsory education not apply 540 

county superintendent keep record of boundaries of 5885 

board of directors of different classes — officers 5915 

classification of 5975 

expenses of— secretary keep account of 5936 

to be' bodies corporate— hold property 5913 

change from second to first class board of directors 5916 

legal school districts 5916 

legal district— what constitutes 5917 

organization of— census list of new — unorganized territory 5907 

how legally organized 5907 

size of territory 5908 

twenty children in old district 5908 

organization — optional with county superintendent 5907 

debts, when liable for 5907 

new, how organized — election of directors — persons transferred 5908 

of first class, how divided 5908 

territory required 5908 

number left in old district 5908 

family transferred to another district 5908 

two or more contiguous — how united 5909 

uniting upon a petition of legal voters 5909 

contiguous— when voted upon— notice 5909 

joint organization of 5911 

annulled to form separate district 5911 

annulled by county superintendent— when entitled to public money 5910 

when new district entitled to school money 5910* 

funds for new 591 

school actually commenced 5910 

failure to open school within six months 5909 

apportionment of general funds in new district formed from old 5912 

when new district entitled to share of funds 5912 

property and moneys of new district formed from old 5912 

take and hold real estate — amount 5914 

power to condemn 5914 

belongs to school district 5914 

title obtained through individual 5914 

building on school land 5914 

annual election — notice — more than one vothig place district first class — 5918 

candidate for director in first and second class 5919 

ne'w section, 3 M. Rev., 1571... 2146 

new section, 3 M. Rev., 1571a 2147 

of third class— power of electors 5955 

high school in first and second class 5926 

vote to build or release building for high school 5926 

having children attend union high school, support 5966 

contributing to high school — election of committee 5971 

maintain school three months — failure — no funds 5891 

third class, limit for special tax 5895 

property in on May 1st assessed 5895 

not reconsider levy of special tax 5896 

consolidation defined E911a 



INDEX. 135 

DISTRICTS— Continued. Section 

consolidation submitted to vote of electors 59nb 

ballot for consolidation 5911b 

call meeting to organize district 5911c 

district of first class formed to other classes 5911c 

tr ansportatioii in 5911d 

division of funds in consolidated 5912 

DOCTRINES— 

not taught in public schools ix-8 

DUTIES— 

of truant officer 534 

of county superintendent 5881 

of high school committee 5961-5977k 

of union high school committee 5961-5964-5977k 

of state superintendent 5873-5874-5875 

DIVISION— 

of school funds upon formation of new district— basis 5912 

E 

EDUCATION— 

provision for schools ix-2-3 

ELECTION- 

who entitled to vote vii-1 

wometi entitled to vote , vii-2 

no person gains or loses right in , vii-4 

voters privileged from arrest attending— except vii-5 

county officers xiv-8 

no person entitled to vote while in prison vii-10 

of county superintendent 5877 

of school directors— classes of district— officers of board— by ballot 5918 

annual— notices posted— publication— ballot 5918 

annual— place— time— notice 5918 

polls open three hours 5918 

judges of 5918 

special meeting— notice 5918 

tax levy reconsidered— when 5918 

school board not bound by action of electors— when 5918 

moving building— vote 5918 

judges of— who shall constitute— qualification of electors 5919 

to contract debt— who vote— penalty for illegal vote 5919 

qualification of electors 5919 

illegal when 5919 

judge of election take oath 5919 

special 5919 

residence of directors 5919 

elector not a taxpayer can vote— when 5919 

must be a taxpayer to vote on bonds 5919 

who may challenge— oath 5919 

procuring site for school house; 5919 

who may be director 5919 

candidacy when vacancy occurs 5919 

counting of votes— tie— special election 5920 

none held at regular time— special call— no notice- void ; 5920 

tie vote — special election .. .-. 5920 

applies to all school elections 5921 

to vote to build or lease building for high school 5926 

1 of union high school committee 5956 

of superintendent of public instruction 5878 

of county high school committee 5977d 

for contracting a bonded indebtedness 5942 

for union high school 5956 



130 • . INDEX. 

ELECTION— Continued. Section 

for county hig-h school •. 5977b 

of county high school committee .' 5977f 

for contracting indebtedness for high school purposes 5977q 

ELECTORS— 

qualification of vii-1 

se'x no disqualification in school elections vii-1 

qualified elector only eligible to civil or military office vii-6 

determine amount of indebtedness 5942 

qualification of sex 5919 

at election to contract debt 5919 

qualification of 2146 

powers of — at meetings— in third-class district -. 5955 

who may vote 5955' 

site of school house determined by 5955 

building of school house determined by 5955 

taxes • 5955 

bonds 5955 

free text books— vote of people 5955 

removal of elector 5945k 

EMPLOYER— 

hiring children under fourteen years — proof 531 

evidence of attendance or instruction minor employed 532 

EMINENT DOMAIN— 

district may hold real estate 5914 

ENABLING ACT— 

lands for schools 7 

seventy-two sections for university 10 

school lands, how sold 14 

mineral lands excepted 15 

ENDORSEMENT— 

■ of warrants by county treasurer ' 5901 

ENGLISH LANGUAGE— 

taught in public schools 6010 

EXAMINATIONS— 

of applicant appeal to state board 6006 

in district of first class 5994 

record of county superintendent 5994 

by county superintendent — other than at county seat 5991 

by deputy — compensation 5991 

teachers' high school examination ^ 5991 

time of examination 5991 

age of applicant 5991 

rules governing examination 5991 

only one set papers can be submitted 5991 

endorsing certificates 5991 

superintendent may appoint deputy to hold 5991 

special certificate for high school 5991 

. answers filed 5991 

appeal 5991 

for admission to union high school 5969-5977 

for state diploma ■ ■ .5869 

medical — by teacher 5995a 

EXECUTIVE COMMITTEE— 

of normal institutes— how appointed— duties— report— transmit funds 5996 

EXEMPTION— 

from taxation— of what property ; x-5 

EXPENSES— 

of trial— transportation of juvenile disorderly person— county pay 536 

of district — secretary keep account 5936 

of purchasing and displaying fiag .5930 

of normal institute— how paid 5996 



IXDEX. 137 

P:XPENSES— Continued. Section 

of superintendent of public instruction ; 5S75 

of school paid by special tax— when 5S93 

EXPULSION— 

of pupils, by school board 592.5 

F 

FAILURE— 

of county treasurer to pay over moneys collected .5899 

FEE— 

applicant for teacher's certificate— pay 5992 

registration, for normal institute 5996 

FINANCES— 

secretary render statement of 59S9 

of school district — treasurer make statement 5940 

FINES— 

to comply with the law on alcoholic drinks and narcotics 6012 

for employing- children during- school hours— violation 541 

director fail to prosecute 543-544 

of employer failing- to compel instruction of minor in employ 5.30-532 

for violation compulsory education law 538 

for failure of county superintendent to report 5882 

of county treasurer to pay over tax 5899 

for failure to publish call for payment of school warrants ..1826 

of secretary to make reports 5936 

of treasurer to perform duties— turn over moneys 5940 

for superintendent or ofRcer failing to perform duties 5941 

collected by justice of the peace— payable to school fund ' 3874 

county treasurer to render statement 3875 

for displaying other than U. S. flag. 2.59S 

for violation of school law — injunction— mandamus contempt wherg paid.. 5897 

for being interested in contract 4995 

for failure to levy school tax 5S94 

for teaching without certificate 5990 

for failure to file register 5995 

FLAGS— 

may be purchased — displayed — when 5928 

directors to purchase and display U. S. flag 5928 

each department keep flag— size 5929 

expense and care of 5930 

■ applies to all institutions 5931 

injury to 59.32 

superintendent of public instruction publish act f933 

display of— other than LT. S. — exception 2597 

violation 259S 

FORFEITED— 

money by any district 5900 

FORFEITURES- 

for violation of school law — where — county treasurer place credit 5S97 

for failure to maintain school 5897 

FORMS- 

state superintendent to print and furnish 5874 

for making reports — printed with school law 5874 

for reports supplied by superintendent of public instruction 5S74-5995 

oath of school offlcer s see appendix No. 1 

county superintendent's bond ?ee appendix N'o. 2 

I petition to form new district .' see appendix No. 3 

order directing notice of meeting to form new district. .. .see appeladix No. 4 

notice of meeting for organization of new district see appendix No. 5 

bond of district treasurer or secretary see appendix No. 6 

reque'st for special meeting by ten legal voters see appendix No. 7 



138 INDEX. 

FORMS— Continued. Section 

notice of special meeting see appendix No. S 

notice of annual meeting- see appendix No. 9 

record of meeting for organization of new district see' appendix No. 10 

record of regular or special meetings see appendix No. 11 

notification of apportionment by county superintendent. ..see appendix No. 12 
teachers' contract see appendix No. 13 

FUNDS— 

can not be transferred to other fund ix-3 

custodian — state treasurer ix-3 

how distributed among counties ix-3 

how invested— loss— how supplied ix-3 

of public school— interest only expended ix-3 

public school fund of the state ix-3 

of county and school district — how collected and distributed ix-4 

of public school — from what derived ix-5 

public school of the state ix-5 

contribution to sectarian institutions prohibited ix-7 

of university— regent control ix-14 

teachers' retirement 5995b-d 

mode of securing teachers' retirement 5995d 

for medical examination 5995a-b 

making profit forbidden public officers x-13 

embezzlement of — makes person ineligible to hold office xii-4 

floating debt— bonds for 5942 

funding floating debts for high school purposes 5977q 

county superintendent apportion general school fund of county 5888 

basis of apportionment .' 5889 

county treasurer makes annual statement of 5900 

treasurer publish statement of district 5922 

apportionment of general 5887 

of united district county treasurer transfer 5909 

division of, upon formation of new district 5912 

of new district 5912 

city treasurer pay over all moneys in school 3875 

general school funds not used for building purposes, etc! 5898 

legal use of general 5898 

illegal use of school 5898 

normal institute .' 5992 

applicant for teacher's certificate pay fee 5992 

state normal institute fee turned into treasurer 5993 

apportionment of normal institute 5892 

forfeiture of by district— when 5897 

penal, paid to county treasurer :- 5897 

items of 5897 

not loaned or invested. . . r 1821 

officers not loan 1822 

no benefit from deposit 1823 

penalty 1824 

for union high school— deficit 5966 

special school, for maintaining kindergartens 5927 

state normal 6125 

amount of state school 5875 

apportionment of 5887 

distribution 5887 

forest reserve ; 5898a 

FURNITURE— 

school board provide 5925 

G 

GENERAL, SCHOOL, FUND- 
see "Fund." 



INDEX. 130 

GERMAN— , Section 

taught in public schools — when 6010 

GOVERNOR— 

issue proclamation for Arbor Day 2944 

appoint trustees of the state normal school 6130 

GRADES— ' 

of certiflcates by county superintendent 5994 

GROUND— 

bonds for purchasing school 5942 

GUARDIAN— 

of truant child fined— imprisoned 535 

GYMNASTICS— 

taught in public schools— when 6010 

HEARING— 

see "Appeals." 

HIGH SCHOOLS— 

union high schools how established — comniiLtee of — open to whom 5956 

high school committee— term— vacancies— meetings 5961 

maintenance — deficit 5966 

term of session of school 5969 

qualifications for admittance 5969 

admission of pupils— no tuition from resident 5970 

every district contributing has voice in election 5971 

union high school in county, fourth and fifth classes— organized 5972 

how supported— buildings 5973 

addition of outlying districts attaching district in adjoining county 5974 

, not affect organized district 5975 

school board— election 5976 

qualification of pupils to enter union high schools 5977 

county high schools 5977a 

in counties of second, third, fourth and fifth classes— how organized 5977b 

election for 5977b 

notices posted for voting 5977c 

who may vot&— form of ballot 5977d 

canvass of vote for 5977e 

record of vote preserved 5977f 

term of members of high school committee 5977g 

meetings of high school committee 5977h 

a corporate body 59771 

board may hold real estate' 5977j 

powers and duties of committee 5977k 

powers and duties of president 59771 

powers and duties of secretary 5977m 

powers and duties of treasurer 5977n 

powers and dune's of directors — unchanged 5977o 

tax levied by county commissioners 5977p 

bonded indebtedness of 5977q 

challenge of elector— oath 5977q 

bonds to be registered in special book 5977r 

commissioners levy tax for payment of interest, etc 5977s 

bonds to be redeemed 5977t 

change in boundary not affect taxable district 5977u 

compensation of county treasurer 5977v 

special meetings 5977w 

what high school district subject to provisions of this act.. 5977x 

certificates in 5991 

HIGH SCHOOL COMMITTEE— 
see "High School." 

HIGH SCHOOL FUND— 
see "Fund." 



140 INDEX. 

HIGH SCHOOL TA-X— . Section 

see "Tax." 

HOLIDAYS— 

school year— month — week — day — national holidays 6013 

what constitutes a legal holiday 6013 

Arbor Day, third Friday in April 2942 

how observed in schools 2943 

governor issues proclamation, report of county superintendent 2944 

Colorado Day : £945-2946 

Columbus Day .2948 

Election Day 2949 

Labor Day : 2947 

effect on negotiable instruments and return days 2940 

HUMANE TREATMENT OF ANIMALS— 

to be taught in public schools. 6010 

HYGIENE— 

taught in public schools 6010 

I 

ILLEGAL— 

voting punished 5919 

IMMORAL— 

books, papers, etc., excluded from schools and libraries 5925 

INDEBTEDNESS- 

limit of bonded 5942 

of school district refunded— new bonds issued in payment 5950 

INDIGENT— 

parent or guardian— ofRcer report 537 

INSPECTION- 

secretary's books open for 5937 

county superintendent's books open for inspection 5S81 

INSTITUTES— 

see "Normal Institutes." 

INSURE— 

school houses — school board may 5925 

INTEREST— 

public school fimd only expended ix-." 

on school district bonds 5945d 

•on bonds— special levied to pay 5945f 

on LTnited States and state bonds : 5947 

on refunding bonds— on new bonds 5950 

on school warrants — when cease 5901 

INDEBTEDNESS— 

of school districts— restrictions 5943-5977q-xi-l 

J 

JOINT DISTRICT— 
see "Districts." 

JUDGES OP ELECTION— 

administer oath 5945b 

in first-class districts 5918 

president, secretary and treasurer of school board act as 5919 

administer oath to challenged voter 5919 

count— declare' results— transmit report 5920 

in high school election 5977e 

receive registration books 59451 

JUDGMENT— 

state superintendent, or county superintendent not render for money 6007 

JUSTICE OF THE PEACE— 

re'port of amount of fines collected payable to general fund 3874 



INDEX. 141 

JUVENILE DISORDERLY PERSON- Section 

who is 533 

commitment of 536 

K 

KINDERGARTEN— 

school board may establish and maintain — age of children . * ; 5927 

part of public system — teachers have diplomas 5927 

certificates .' .-.. 5927 

L 

LAND BOARD— 

see "State Land Board." 

LAWS— 

of state issuance of school district and refunding bonds 5951 

of state' registration , 59451-m 

LEVY— 

see "Taxes." 

LIBRARIAN— , 

ex-ofRcio — superintendent of public instruction iv-20 

assistant— appointment — duties — salary 5876 

LIBRARY— 

number of volumes in and the amount raised for — stateil in report of 

board _ 5933 

immoral books, etc., excluded from schooL 5925 

directors may levy special tax for 5895 

LICENSE— 

see "Certificate." 

LIMIT— 

of bonded indebtedness 5943 

of tax levied for high school purposes. o977p 

of taxes for county purpose's 5893 

of special tax in third-class district ". 5895 

of levy of taxes for school purposes— none 1187 

a levy of tax for payment of interest on bonds 5977s 

LOSS— 

of any part of public school fund lx-3 

of school district by neglect of treasurer 5940 

LOTS— 

general fimd not used for 5898 

M 

MAINTENANCE— 

of union high school — length of school year ,-968-5969 

of kinder.gartens — special school fund 5927 

high schools , 5977p 

MALICIOUS PROSECUTIONS- 

under compulsory education law 515 

MAP— 

of boundaries of district — county superintendent ijrepare 5885 

MEETIN~GS— 

for organizing union high school 5956 

for contracting bonded debt — special first and second-class districts 5942 

board of directors — regular, special or adjourned 5923 

special in district of third class — petition— notice 5954 

of school board and district— president preside over 5934 

secretary record proceedings of .5935 

secretary give notice of 5936 

to vote upon free text books 5925 

for organization of new districts , 5907 

for uniting districts 5909 



142 INDEX. 

MEETUvTGS— Continued. Section 

of electors in third-class district — ofHcers 5955 

of boards of directors of county 5977f 

of union high school committee 5961a 

of hig-h school committee' 5977h 

of state board of education 5867 

for organizing county high school 5977b 

of state board of examiners 5869a 

MISDEMEANOR— 

persons employing children during school hours — guilty of 541-543 

failure to publish call for payment of school warrants 1S26 

superintendent or ofRcer failing to perform duty— guilty of 5941 

MILEAGE— 

of county superintendent — county commissioners may allow — exception. .2575 

MONEY— 

amount of — received— expended, etc., by school board ...5936 

MONTH— 

school— what constitutes 6013 

MUTES— 

see "Deaf and Blind." 

N 

NARCOTICS— 

see "Alcoholic Drinks and Narcotics." 

NEGOTIABILITY— 

of school district bonds 5945e 

NON-RESIDENTS— 

admitted to deaf and blind school ' 4334 

admitted to public schools — when 6009 

NORMAL DISTRICTS— 

number of— boundaries ." 5996 

NORMAL INSTITUTE FUND— 

see "State Normal Institute Fund." 

how created — how disbursed 5996 

state normal institute fund 5892-5993 

state divided into districts, classification of counties — who conduct ..5996 

expenses of — how paid — registration fee 5996 

appropriation by county commissioners 5996 

number of — boundaries 5996 

where held — when — conductor — instructor 5996 

five per cent, credit for attendance at 5996 

session of .' . .5996 

teacher not paid for attendance 5996 

pay for service's as conductor 5996 

time and place of— how determined 5996 

fee 5996 

NOTICE— 

by county superintendent of appeal 6003 

to adverse parties upon appeal 6003 

to director of violation of compulsory education law 544 

of funds to pay warrants 5901 

for presentation of school order for payment 1326 

of election to contract bonded indebtedness 5942-5944 

of special meeting in district of third class 5954 

of meetings — secretary give 5936 

of meeting to organize new district from old 5907 

of meeting to unite district 5909 

of meeting to organize joint district 5911 

for consolidation of districts 5911b 

of meeting to organize united high school 5956 

of election for organizing county high school 5977b-c 

of annual election— how and wher^p posted 5918 



INDEX. 143 

NOTICE— Continued. Section 

publish — failure to give 5918 

of intention to be candidate for director — publication of 5919 

of special election — failure to give 5920 

of election to contract bonded indebtedness for high school purposes — 5977q 

of examination by county superintendent 5991 

of meeting t'o fill vacancy in high school committee 5977g 

of examiination for state diploma 5869a 

thirty days before revocation of state diploma 5870 

to county superintendent of apportionment of state school fund 5887 



OATH— • 

upon appeal 6005 

president of state board of education administer 6006 

administered to challenged voter .^ 5945b 

of county superintendent 5877 

county superintendent administer to directors, etc 5883 

of directors--flled 5922 

of challenged voters 5919 

of office — trustees of state normal school take 6130 

of state superintendent of public instruction 5872 

administered to challenged ■^^oter ^ 5877q 

OFFICE— 

county superintendent — commissioners provide 5886 

keep open when ■■ 5886 

OFFICER— 

of school— failing to enforce act 6012 

subscribe oath to support constitution .* xii-8 

failing to qualify office becomes vacant xii-10 

elect to fill vacancy— term expires xii-11 

duty — failing or refusing to perform 5941 

not interested in public contract 4994 

OFFICE SUPPLIES— 

of superintendent of public instruction '. 5875 

OFFICERS- 

certain officers file oaths with secretary of state xii-9 

of board of directors— term— powers 5915 

of new districts from portions of old ...5908 

of county high school committee 5977f -5977g 

of union high school committee 5956-5961 

OFFICIAL BOND— 
see "Bond." 

OMISSION— 

of county commissioner to levy school tax 5894 

ORDERS— 

see "Warrants." 

ORGANIZATION— 

of board of directors in first-class district -5915 

of new district from old 5907-590S 

of joint district 5911 

of consolidated districts E911b-c 

of union high school 5956 

of county high school 5977b-f 



PARENTAL OR TRUANT SCHOOLS— 

see "Truant Schools." 
PENALTY— 

see "Fines." 



144 INDEX. 

PENSION— Section 
teachets' retirement fund 5995ta 

PERSONAL PROPERTY— 

school board hold in trust 5925 

PERSON'S— 

of school age stated in report of board 5936 

PETITION— 

of voters to purge registration lists 5945m 

of special meeting- in district of third class 5954 

for organization of new district 5907 

to annex or detach territory to district 5909 

to submit question of county high school— contents 5957 

to commit child to truant scjjiool— contents— veTification 59S2 

to consolidate districts 5911b 

to organize -joint* districts 5911 

to organize county high school 5977b 

PLACE— 

of holding annual election 591S 

of holding normal institutes 5996 

POWERS— 

of truant ofHcer • 534 

of directors of first and second class 5915 

of directors to make ' by-laws 5924 

of election in district of third class 5955 

of high school committee 5977k 

of directors over district high schools 5926 

of school board • • .5925-5927-5928 

of president of high school board 59771 

of secretary of high school board 5977m 

of treasurer of high school board 5977n 

of directors unchanged ...5977o 

of directors in regard to bonds 5942 

PREMIUM- 

on district bonds issued under territory 5946 

PRESENTATION— 

of school orders for payment 1826-5900 

PRESIDENT— 

of high school committee, powers, 59771 

of directors sign bond 5945e 

administer oath to directors 5922 

preside at meetings of school board and district ; 5934 

sign orders on county treasurer — appear in suits 5934 

of school board act as judges of election 5919-5945-5977d 

PRESIDENT OP STATE AGRICULTURAL COLLEGE— 

recommend member of state board of examiners 5869 

PRESIDENT OF STATE BOARD OF EDUCATION— 

administer oaths upon appeal— render decision 58G6-6O06 

PRESIDENT OF STATE NORMAL SCHOOI^ ^ 

assist in fixing time and place of building normal institutes 5996 

recommend member of state board of examiners 5869 

PRESIDENT STATE SCHOOL OF MINES- 

recommend member of state board of examiners 5869 

PRESIDENT OF STATE UNIVERSITY— 

recommend member of state board of examiners 5869 

PRINTING— 

of school laws — how paid 5874 

registers and blank books— how paid 5S74 

test charts for medical examination 5873b 

PROPERTY— 

annexed to district liable to bond tax 5948 

of new district formed from old 5912 



INDEX. 145 

PUBLICATION- Section 

of county exaniinatiuns 5091 

of call of paj'ment of school warrants— failure— penalty 1826 

of statement of district funds in first-class district 5922 

of notice of annual election 5918 

of notices fpr voting- on bonds 5944 

PUBLIC CONTRACTS— 

officers not interested in 4994 

penalty 4995 

officer dealing- in warrants— penalty 1820 

PUBLIC INDEBTEDNESS- 

restrictions concerning- xi-1, 2 

PUBLIC INSTITUTIONS— 

educational— supported by state viii-1 

what are educational viii-5 

PUBLIC MONEYS- 

embezzlement of— rnalies person inelig-itale to hold office xii-4 

PUBLIC SCHOOL INCOME .FUND- 
see "Funds." 

PUBLIC SCHOOL— 

age of pupils who may attend ix-2 

at least three' months' school in each district ix-2 

providing- for establishment and maintenance of free ix-2 

no sectarian doctrines taught in ix-8 

attendance at night _. ' 546 

number of— stated in report of board , 5936 

school board exclude immoral books, etc., from : 5925 

school board fix time for opening- and closing 5925 

public^deflned 6O0S 

taught in English language— Sijanish-German 6010 

humane treatment to animals 6010 

German wlien tauglit 6010 

certificates — special teachers , 6010 

public— open to children of school age 5990 

who entitled to privileges 6009 

must be maintained three months— failure 5981 

maintain organization— entitled to fund 5891 

PUNISHMENT— 

of illegal voting- 5919 

PUPILS— 

no distinction of— in public school ix-S 

numbe'r in school— nu.mber enrolled— attendance stated in report of 

board 5936 

school board require to be furnished with books 5925 

suspend or expel— exclude under six years. 5925 . 

admitted from adjoining district— tuition 5925 

Q 

QUALIFICATIONS— 

of electors vii-1 

of elector for any civil or military office vii-6 

religious test or qualification prohibited ix-S 

of county officers xiv-10 

of electors to vote on bonds ' 5945 

of teachers 5869f-5991-5994 

of voters at school election 5931 

at election to contract debt 5919 

for admission to district high school 5926 

for admission to union high school ' 5970-5977 

for conductor or instructor of norma! institute 5996 

of application for state diploma 5S69a-to-f 

of electors to vote on high school bonds a977q 



IJrG INDEX.- 

QUESTIONS— Section 

for examination of teachers prepared by state superintendent 5873-5994 

for examination of kindergarten teachers 5927 

R 

REAL, ESTATE— 

school board, hold in trust ." 5925 

district take and hold, amount 5914 

RECOMMENDATION— 

for members of state board of examiners 5869 

of state superintendent of public instruction 5875 

RECORDER— 

of county register high school bonds 5977r 

RECORDS— 

of bonds issued 5945g-5947 

of transaction of truant officers 534 

of county superintendent's office open to inspection 5881 

of organization of new districts 5908 

of joint district 5911 

REDEMPTION— 

of high school bonds 5977-s-t 

of bonds— manner 5945f-5946 

of refunding bonds— of new bonds 5950-5952 

REFUNDING — 

bonded indebtedness of school district ; 5950 

REGENTS OP UNIVERSITY— 

election— term of office— body corporate ix-12 

shall elect president— term of office- duties ix-13 

shall have control of funds of university ix-14 

REGISTERS— 

state superintendent to print and furnish 5874 

teacher keep daily— file with secretary 5995 

additional — kept by teacher 5995 

REGISTRATION FEE— 
see "Fee." 

REGISTRY— 

of school district bonds— when — how 5945f 

of water for bonded indebtedness 5945f 

REUIGION— 

instructions in not to be given in parental or truant school 5981 

inmates of such school may receive training in 5981 

RELIGIOUS SERVICE— 

teachers and stude'nts not required to attend ix-S 

REMOVAL— 

of officer— when 4995 

of teacher 5925-5977k 

RENT— 

school house— school board may 5925-5977k 

REPAIR— 

school houses — school board may 5925-5977k 

REPORT— 

of high school committee 5977k 

see "Biehnial Report." 

of certificates granted by directors of first-class districts 5994 

annual of county superintendent 5880 

penalty for failure' of county superintendent to make 5882 

secretary to preserve copies of 5935 

make annually— what contain 5936 

of school board— annual 5925 

to state superintendent 5925 

of election— judges make and transmit — 5920 

of fines collected by justice' of peace 3874 



INDEX. 147 

REPORT— Continued. Section 

of county treasurer of amount of fines received 3875 

county superintendent malie annual of Arbor Day 2944 

of teacher for medical examination 5995a 

RESIDENCE— 

of an immairried person 5939 

REVOCATION— 

of certificate by county superintendent S994 

of state diploma '. 5870 

RULES— 

of state superintendent— board enforce 5925-5977k 

of meetings in third-class districts 5955 

state board of education adopt 5867 

s 

SALARY— 

of county superintendent 2575 

of assistant state librarian 5876 

SCHOOL— 

see "Public school." 

SCHOOL AGE— 

defined -. . . . .6014 

SCHOOL BOARDS— 
see "Directors." 

SCHOOL BUILDINGS— 
see "Building-s." 

SCHOOL CENSUS— 

secretary take annually— forward to county superintendent 5935 

copy for districts of first and second class 5935 

of new district 5907 

basis of division of school fund in new district ..5912 

defihe'd 6014 

of joint districts 5911 

SCHOOL DAT— 

what constitutes 6013 

SCHOOL DISTRICTS— 
see "Districts." 

SCHOOL FUND— 
see "Funds." 

SCHOOL FURNITURE— 
see "Furniture." 

SCHOOL FOR DEAF AND BLIND— 
see' "Deaf and Blind." 

SCHOOL GROUNDS— 

creating debt to purchase 5919 

district may hold real estate 5914 

SCHOOL HOUSES— 

number and value stated in report of board 5936 

school board may rent, insure, build or remove 5925-5977k 

of new district formed from old 5912 

site of— fixe'd by electors in third-class district 5955 

■ sale of — electors in third-class district 5955 

building or removing of 5925-5977k 

SCHOOL LANDS— 

sections 16 and 36 are En. Act-'i 

seventy- two sections for university En. Act-H 

how— sold— price En. Act-14 

mineral lands excepted En. Act-15 

SCHOOL LAWS— 

published by superintendent of public instruction 5874 

how distributed 5874 



148 INDEX. 

SCHOOL LOTS— Section 

see "Directors and Electors." 

exempt from taxation x-5 

directors purchase or sell— when 5925 

directors may hold— when 5925-5977i7J-5914 

SCHOOL MONTH— 
see "Month." 

SCHOOLS— 

see "Public Schools." 

SCHOOL YEAR— 
see "Year." 

SEAL— 

of district attached to bonds 5945e-5977 

SECTARIAN INSTITUTIONS— 

appropriations to, from school fund prohibited .' ix-7 

SECRETARY OF HIGH SCHOOL COMMITTEE— 

give notice of meeting- 5956-5961-5977f 

SECRETARY OP SCHOOL BOARD— 
see "Secretary." 

SECRETARY— 

see "Directors" and "Elections." 

file transcript in office of coimty superintendent— ferlify it 6003 

ascertain number of blind and deaf mutes 5939 

preside in absence of president 5934 

give bond — conditions — approval— where filed 5935 

duties of 5935-5936-5937 

failure to file report and census list 593S 

school board to fix compensation 5925 

give notice of annual election — failvue 5918 

publish or post notice of candidates for election 5919 

act as judges of election 5919 

furnish ballots 5919 

vacancy of office of 59.34 

SECRETARY OP STATE- 

member of state board of education 5866 

SEX— 

right of suffrage to women of lawful age vii-2 

no disqualification to vote at school election 5919 

SPANISH— 

taught in public schools— when 6010 

SPECIAL BUILDING FUND- 

see "Funds" and "Special Tax." 

SPECIAL SCHOOL TAX— 
see "Special Tax." 

SPECIAL TAX— ■ I 

to pay interest on bonds— cash 5945f-5947 

amount of — for support of schools, etc 5936 

to pay school expenses — when commissioners levy 5893 

directors certify amount commissioners levy — payable in cash 5895 

not reconsider levy of 5896 

to pay interest on high school bonds for high school purposes 5977p-s 

STATE AUDITOR— 

approve bond state superintendent public instruction 5872 

draw warrants for printing school laws 5874 

draw warrant for state school funds 5887 

draw warrant for normal school fund 6128 

STATE BOARD OP EDUCATION— 

who shall constitute — powers — duties ix-1 

not prescribe text books ix-16 

appeal to, from county superintendent 6006 

not render judgment for money 6007 

who shall constitute 586G 



INDEX. 149 

STATE BOARD OP EDUCATION— Continued. Section 

meeting and powers of 5867 

grant diplomas '• 5868 

state diplomas revoked by 5870 

appoint state board of examiners 5869 

grant state diplomas on recommendation of state board of examiners. .5869a-f 

grant honorary state diplomas 5869e 

grant certificates to graduates of colleges within state 5869f 

STATE BOARD OF EXAMINERS— 

who constitutes 5S69 

STATE BONDS— 
see "Bonds." 

STATE BOARD OF LAND COMMISSIONERS- 

who constitutes— powers ix-9 

duties of — general assembly provide for sale ix-10 

STATE DIPLOMAS— 
see "Diplomas." 

STATE NORMAL INSTITUTE FUND— 

how constituted 5993-5996 

apportioned— used 5892 

STATE NORMAL SCHOOL— 

established at Greeley 6125' 

trustees — corporate- powers— seal 6129 

governor appoint trustees— oath — term — superintendent of public instruc- 
tion member 6130 

maintenance of ■ 6128 

STATE SCHOOL FUND— 
see "Funds." 

STATE SUPERINTENDENT OF PUBLIC INSTRI^CTION— 
' see "Superintendent of Public Instruction." 

STATE UNIVERSITY— 

regents of — terms ix-12 

president of — ex-officio member of— duties ix-13 

duties of board of regents ix-14 

STUDY— 

see "Course of Study." 

of alcoholic drinks and narcotics 6011 

SUFFRAGE— 

see "Election." 

eligibility to office vii-4 

SUITS— 

to recover fines, penalties and forfeitures 5897 

SUPERIxNTTENDENT OF PUBLIC INSTRUCTION— 

executive department consist of whom iv-1 

who eligible iv-4 

ex-ofRcio state librarian iv-20 

president of state board of education ix-1 

member of state board of land commissioners ix-9 

take oath to stipport constitution xii-8 

direct apportionment of general fund— when 5938 

publish flag act with school law 5933 

pay examination fees to state treasurer ' 5993 

apportion state normal institute fund 5892 

promote observance of arbor day 2944 

certify to state auditor number of persons attending normal institute 5996 

assist in fixing time and place of holding normal institutes 5996 

president state' board of education 5866 

1 'resident state board of examiners 5869 

member board of trustees of state normal school 6130 

when elected— term 5871 

oath and bond 5872 

office- duties — powers 5873 

? 



150 INDEX, 

SUPERINTENDENT OP PUBLIC INSTRUCTION— Continued. Section 

furnish registers and blank books 5874 

approve bills for printing school laws 5874 

certify to state treasurer for blanks 5S74 

publish school laws 5874 

supervision of county superintendent and public schools 5874 

biennial report— visits— expenses 5875 

governor may require information of 5875 

apportionment of school fund — certify 5887 

assistant librarian — salary 5876 

prepare test cards, blanks, etc., for medica^l examination of children in 
the public schools ■ 5873a 

SUSPENSION— 

of pupils by school board 5925 

T 

TAX— 

see "Special Tax." 

to pay principal of bonds— interest 5945f 

amount of— fixed by electors in third-class district 5955 

minimum levy for general fund 5895 

limit of levy for high school— collection— paid out 5977f 

no increase beyond legal rate to provide for truant school 5979 

for payment of high school bonds 5977s 

for payment of district bonds 5945f 

TAXATION— 

what property exempt i x-5 

TAXES— 

to pay bonds— commissioners levy 5945f 

county treasurer certify amount collected and uncollected 5899 

county commissioners levy county school — basis — limit 5893 

county school— paid in cash 5893 

apportionment of two-mill levy 5893 

duties of county commissioners in regard to -levy 5893 

legal custodian 5893 

county clerk must levy— officers failing— forfeiture 5894 

for library— special school fund 5895 

school board certify 5895 

to pay high school bonds— commissioners levy 5977s 

for maintaining high school 5977p 

levy not to be considered 5896 

levy can not be changed 5896 

TEACHERS— 

number employed stated in report of board— amount paid 5936 

. school board determine number 5925 

board required to conform to law 5925 

employed and discharged by school board 5925 

examination of 5991 

pay examination fee 5992 

of kindergarten— have diplomas 5927 

examination of, for state diplomas 5868-5869a 

granted state diplomas 5868-5869a 

granted temporary non-renewable 5869f 

must have license— expiration— proviso 5990 

dismissal of— for cause only •■ • -5990 

license' of— qualifications 5869a-5991 

no compensation without license 5990 

employment of 5990 

special subjects required of 5991 

certificate, expiration of 5990 

certificates, endorsement of 5991 

teacher keep register— statistics— blanks 5995 



INDEX. 151 

TEACHERS— Continued. Section 

notify county superintendent of beginning and close of term 5995 

reports — forfeiture of salary upon failure 5995 

jurisdiction of •. 5995 

special 5990 

directors' pwwer over pupil and teacher ,. . . . 5925 

dismissal of 5925-5977k 

no appeal on unaccepted papers from another county 5995 

medical examination of children in the public schools 5995a 

retirement fund of 5995b-c 

appeal to state board of education 6006 

TEACHERS' NORMAL INSTITUTES— 
see "Normal Institutes." 

TERM— 

of office of county superintetident '. 5877 

of office of school directors and officers 5915 

of office of directors appointed first-class districts 5924 

of school fixed by school board 5925-5977k 

of office of directors in new district 5908 

of office of high school committee 5926-5961 

of office of union high school committee 5961-5976 

of school year of high school 5925-5969-E977k 

of office of superintendent of public instruction 5898 

of office' of directors in joint districts 5909 

of office of directors in consolidated districts 5911c 

of office of county high school committee.' 5977g 

TERRITORY— 

annexed or detached from district 5909-5911-5911a 

TESTIMONY— 

taken upon appeal from directors 6005 

none taken upon appeal from county superintendent 6006 

TEXT BOOKS— 

prohibition in regard to - ix-16 

when furnished free 5925-5977k 

school board designate kind— not changed— exception 5925 

TIE— 

vote at regular election .- 5920 

TIME— 

of apportionment of general school fund 5887 

of holding institutes 5996 

of annual election 5918 

of examination 5991 

TRANSCRIPT— 

of record upon appeal to county superintendent 6003 

of proceedings before county superintendents 6006 

TREASURER OF SCHOOL BOARD— 

act as judge of election for bonds 5945 

of school district advertised— pay district bonds 5945f-5977s 

purchase territorial bonds— premium 5946 

Invest funds in United States bonds— record 5946 

collect interest coupons— turn over proceeds ' 5947 

failure to publish call for school warrants— misdemeanor 1826 

give bond— publish statement of district funds in first-class district 5922 

countersign and keep account of warrants 5940-5977p 

take charge of moneys— pay same out 5940 

render statement— failure to perform duties 5940-5911 

act as judge of election 5919 

of high school committee 5977n 

TRUANT— 

habitual to be brought before county court 5982 

committed to parental or truant school— appeal 5983 

expense of, how paid 5984 



152 INDEX. 

TRUANT OFFICER— Section 

directors in first and second-class districts appoint 534 

compensation — powers— duties — record 534 

make complaint to coLinty court 535-536 

report indigent parents or guardian 537 

duty under parental or truant school act 59S2 

TRUANT SCHOOLS— 

no religious test ix-S 

parent or truant child fined— imprisoned 535 

to be established when — where 597S 

bviilding — site— location— no increase of levy 5979 

duty of board of education to furnish— of city where established 5979 

powers and duties of officers- course of instruction— teachers 59S0 

no religious instructions in— regulation • 5981 

child committed to— by county court on petition 59o2 

parent notified of proceedings to commit to — 59S2 

hearing — commitment — notice to parent 59S3 

parent or guardian pay maintenance 59S4 

board of education make rules for parole 59S5 

discharge — re-commitment— monthly report .5986 

violation of parole— re-committed 5987 

incorrigible' child committed to juvenile reformatory 598S 

established in cities ov^r 25,009 under 100,000 59S9 

TRUSTEES— 

of state normal school— number— powers 6129 

governor appoint— term of office— oath 6130 

superintendent of public instruction— member 6160 

TUITION— 

school board determine rate for non-residents 5925 

TUITION PEE— 

determined by school board 5923-5977k 

from non-residents of high school districts .5925 Sec. 15 

u . 

U^^ON HIGH SCHOOL— 

see "High School." 
UNITED STATES BONDS— 

see' "Bonds." , 

V 

VACANCY— 

in office of county superintendent— how filled 13f9 

of school directors — how filled ^ 5SS4 

of school director 5922 

in board of directors — absence may work 5934 

in boards of first-class districts E924 

on judges of election — how filled 5919 

in county high school committee— how filled 5977g' 

of union high school committee— how filled 5961 , 

in judges of election for high school 5977d 

in judges of election for bonds 5977e 

VIOLATION— 

of compulsory education law — penalty •■53S 

VISITS— 

of superintendent of public instruction 5S75 

VOTE— 

of elector rejected— when 5919-.5945b-5977q 

VOTER— 

see "electors." 

upon issuance of bonds— challenge 594.5b-5977q 

two may give notice of annual election 5918 

in annual election— challenge ^^^^ 



INDEX. 153 

W 

WAGES— Section 

school board fix amount of and pay a925-5977q 

of truant officer 534 

WARRANTS— 

endorsed by county treasurer— listed— draw interest— paid 5901 

in excess of tax levy unlawful 5901 

county treasurer pay in order of registration— notice to present 1326 

failure of county treasurer to publish call for payment of '. 1826 

upon county treasurer— president sign — drawn to person indebted 5934 

secretary draw and countersign E935 

secretary draw and countersign— keep register of 5935 

treasurer countersign and keep account of 5940 

not drawn for payment of delinquent officer 5S41 

rate of school interest— endorsed thereon 3164 

officer not deal in 4994 



YEAR— 

Fihool begin— end 5925-5977k-6013 



NOV 2 1909 




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